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SC Upholds Centre’s Decision On Article 370. Court Orders Restoration Of J&K’s Statehood

The Supreme Court on Monday in its verdict on petitions challenging abrogation of Article 370 upheld the centre’s decision and ordered that assembly elections be conducted be conducted in Jammu and Kashmir by September 2024.

The top court even ordered that the statehood of the state turned Union Territory of Jammu and Kashmir be restored at the earliest.

Writing the judgement for Justice Surya Kant, Justice Gavai and himself, Chief Justice of India D Y Chandrachud said the Article 370 was a temporary provision and that the president has the power to revoke it any time.

The apex court in its verdict also upheld the constitutional validity of the centre’s decision to bifurcate the state of Jammu and Kashmir into two Union Territories of Jammu and Kashmir and Ladakh. On August 5, 2019 the central government had also abrogated the Article 370 that granted special status to the state.

CJI Chandrachud said the erstwhile state does not have the internal sovereignty different from other states of the country.

“… all provisions of the Indian Constitution can be applied to J-K,” said the CJI.

“We hold the exercise of presidential power to issue constitutional order abrogating Article 370 of Constitution as valid,” said CJI Chandrachud further.

While pronouncing the verdict the CJI said the J&K became an integral part of India and it is evident from Articles 1 and 370.

“The Constituent Assembly of J&K was never intended to be permanent body,” said the Chief Justice.

The five-judge bench headed by CJI D Y Chandrachud assembled at 10.56 am to pronounce the verdict on Monday after a batch of petitions challenging the validity of abrogation of Article 370.

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