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SC upholds Centre’s decision to abrogate Article 370: Key highlights from landmark verdict on J-K

The SC had reserved its verdict in the matter on September 5, 2023, after a 16-day hearing on petitions challenging abrogation of provisions of Article 370.

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The Supreme Court on Monday upheld the central government's decision to abrogate Article 370, which gave special status to the erstwhile state of Jammu and Kashmir. CJI Chandrachud wrote the judgement on behalf of Justices Gavai and Surya Kant and himself. Justices Sanjay Kishan Kaul and Sanjiv Khanna wrote separate judgments. The SC had reserved its verdict in the matter on September 5, 2023, after a 16-day hearing on petitions challenging abrogation of provisions of Article 370. Here are key highlights from SC’s verdict:

- Article 370 of the Constitution was a temporary provision and the president has the power to revoke it, said CJI

- The decision to carve out the union territory of Ladakh from Jammu and Kashmir in August 2019 is valid, SC upheld.

- Erstwhile state of Jammu and Kashmir does not have internal sovereignty different from other states of India: CJI

- All provisions of the Indian Constitution can be applied to Jammu and Kashmir, the CJI said.

- Exercise of presidential power to issue constitutional order abrogating Article 370 of Constitution held valid.

- Jammu and Kashmir became an integral part of India and this is evident from Articles 1 and 370, CJI said while pronouncing the judgement.

- The Constituent Assembly of J&K was never intended to be a permanent body, the CJI said.

- Article 370, which was abrogated on August 5, 2019, was an interim arrangement due to war conditions in the erstwhile state of J-K: CJI

- The SC has directed the Election Commission to conduct elections in the J-K assembly by September 30 2024. 

 

(Inputs from PTI)

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