On Monday, the Supreme Court delivered a landmark verdict declaring Article 370 of the Constitution, which conferred special status on the former state of Jammu and Kashmir, as a "temporary provision." The court, led by Chief Justice of India DY Chandrachud, unanimously upheld the Centre's decision on August 5, 2019, to abrogate Article 370, thereby bifurcating the state into two Union Territories – Jammu and Kashmir, and Ladakh. The ruling also directed the expeditious restoration of statehood for Jammu and Kashmir and mandated assembly elections by September 30, 2024.
A five-judge Constitution bench had been reviewing a series of petitions challenging the Centre's 2019 move. The petitioners contended that the unilateral scrapping of Article 370 by the Centre was not permissible, arguing that the powers of the Constituent Assembly were transferred to the Jammu and Kashmir legislature after its dissolution in 1957.
The Supreme Court's decision was met with praise from the Bharatiya Janata Party (BJP), with the party lauding it as a "historic" moment. The BJP emphasized that the removal of Article 370 in 2019, spearheaded by Prime Minister Narendra Modi, fortified the unity and integrity of India. Defence Minister Rajnath Singh also commended the ruling, describing it as a historic decision that would bring joy to every Indian. Singh credited Prime Minister Modi for ushering in a new era of development in Jammu and Kashmir.
The court's refusal to rule on the validity of President's Rule in Jammu and Kashmir, imposed in December 2018, was notable. The court underscored the need to avoid challenges to decisions made by the Union during the period of President's Rule to prevent potential chaos in day-to-day administration.
Jammu and Kashmir BJP president Ravinder Raina welcomed the verdict, expressing honor and respect for the judgment. On the other hand, former president of Jammu and Kashmir Congress, G A Mir, indicated that the party was reviewing the verdict and would issue a statement accordingly. Mir suggested that the apex court should have stipulated a timeframe for the restoration of statehood and ensured special safeguards for jobs and land for the locals in the Union Territory.
In response to the historic verdict, External Affairs Minister S Jaishankar emphasized the Supreme Court's validation of the Parliament's decision on August 5, 2019. He highlighted the positive impact on development, good governance, and empowerment in Jammu and Kashmir and Ladakh, expressing confidence in a brighter future for the region. Jaishankar pledged the Modi Government's unwavering commitment to furthering growth and development in the newly structured Union Territories.
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