Five-judge constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant will pass the judgement today.
The Supreme Court on Monday upheld the abrogation of Article 370 in Jammu and Kashmir and the carving out of Ladakh as constitutionally valid and said that every decision taken by the Centre on behalf of a State can't be subject to a legal challenge.
Five-judge constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant delivered the verdict.
On September 5, the apex court reserved the judgement after hearing the arguments for 16 days. The central government had defended its decision to abrogate Article 370, saying there was no "constitutional fraud" in repealing the provision that accorded special status to the erstwhile state of Jammu and Kashmir. Attorney General R Venkataramani and Solicitor General Tushar Mehta appeared for Centre.
The Centre had told the bench that Jammu and Kashmir was not the only state whose accession to India was through instruments of accession, but many other princely states that too had joined India post-independence in 1947, with conditionalities and after their merger, their sovereignty was subsumed in the sovereignty of India.
(With inputs from ANI)
Article 370 Verdict Live Updates:
- On SC upholding abrogation of Art 370 in J&K valid, National Conference leader Omar Abdullah says, "Disappointed but not disheartened. The struggle will continue..."
- Supreme Court upholds abrogation of Article 370, says Assembly polls must be held by September 2024
- Supreme Court says given the Centre’s submission on the restoration of statehood of Jammu and Kashmir, it directs that statehood shall take place as soon as possible.
"We direct that steps shall be taken by the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir by 30 September 2024," says CJI reading judgement in Article 370 matter.
- CJI Chandrachud said: "The State of Jammu and Kashmir does not have internal sovereignty different from other States. We have held that Article 370 is a temporary provision." "Article 370 was an interim arrangement due to war conditions in the State.
-CJI Chandrachud says – ‘There are limitations on the power of the Union in States when the proclamation of Presidential rule is in force. Exercise of power under Article 356 must have a reasonable nexus with the objective of the proclamation. Every decision taken by the Union on behalf of the State during Presidential rule is not open to challenge...this will lead to the administration of the State to a standstill...’.
- Article 370 Verdict: SC frames questions
1. Whether Article 370 is temporary?
2. Whether substitution of ‘constituent assembly’ by the legislative assembly by using Article 370(1) is valid?
3. Whether the Presidential order is invalid for the lack of recommendation of the J&K Constituent Assembly?
4. Whether the Presidential rule imposed in December 2018 and subsequent extensions is valid?
5. Whether the J&K Reorganisation Act bifurcating the State into two UTs is constitutionally valid?
6. Whether the Presidential proclamation is valid?
- There are three opinions – one by the CJI for himself, Justice Suryakant, and Justice BR Gavai. Justice Sanjay Kishan Kaul and Justice Sanjeev Khanna have authored separate, concurring opinions for themselves.
- Jammu and Kashmir Awami National Conference vice president Muzaffar Shah, one among the many petitioners in the Supreme Court challenging the abrogation of Article 370, on Monday said that as per the arguments in the apex court, "we have already won the case."
- Jammu and Kashmir Lieutenant Governor Manoj Sinha on Monday said any report of the house arrest or arrest of anyone ahead of the Supreme Court verdict on the abrogation of the provisions of Article 370 of the Constitution is "totally baseless". - PTI
- Mehbooba Mufti put under house arrest ahead of SC verdict on Article 370, says People's Democratic Party (PDP).
- Security heightened in Srinagar ahead of the Supreme Court's verdict on the batch of petitions challenging the abrogation of Article 370 in Jammu and Kashmir.
- National Conference (NC) Vice President Omar Abdullah said that he is hoping to get justice and they are eagerly awaiting the judgement in favour of the people of Jammu and Kashmir.
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