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NEW DELHI: The Supreme Court on Monday directed the Election Commission to conduct elections in Jammu & Kashmir by September 30, 2024. The court’s ruling was part of the verdict on petitions challenging the revocation of Jammu and Kashmir’s special status.
The top court took into account the central government’s commitment to restoring the statehood of Jammu & Kashmir and emphasized that this should occur as expeditiously as possible.
The Supreme Court said that Article 370 of the Constitution was only temporary and President’s power to revoke it still exists. A 5-bench constitution bench comprising CJI DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant was pronouncing its verdict on a batch of petitions challenging the abrogation of Article 370.
The apex court upheld the Modi government’s decision to abrogate Article 370, which bestowed special status to Jammu and Kashmir, and said steps should be taken to conduct elections in the assembly by September 30 next year.
“Article 370 of the Constitution was an interim arrangement due to war conditions in state. Constituent assembly of J&K was never intended to be permanent body,” CJI Chandrachud said.
Reading out the verdict, Chief Justice of India (CJI) Chandrachud stated, “We have concluded that the state of Jammu and Kashmir did not retain an element of sovereignty when it joined the Union of India.” CJI Chandrachud provided reasons for this conclusion, citing the instrument of accession executed by Maharaja Hari Singh, which explicitly stated that the sovereignty of the Maharaja would continue over the state.
The court also clarified that the concurrence of the state government was not necessary to apply all provisions of the Constitution using Article 370(1)(d). Consequently, the President of India obtaining the concurrence of the Union government was not deemed to be malafide.
PM Modi hailed the Supreme Court verdict as historic, a beacon of hope, a promise of a brighter future and a testament to country’s collective resolve to build a stronger and more united India.
“Today’s Supreme Court verdict on the abrogation of Article 370 is historic and constitutionally upholds the decision taken by the Parliament of India on 5th August 2019,” the prime minister said in a post on X, few minutes after the landmark judgment over petitions challenging abrogation of Article 370.
The top court took into account the central government’s commitment to restoring the statehood of Jammu & Kashmir and emphasized that this should occur as expeditiously as possible.
The Supreme Court said that Article 370 of the Constitution was only temporary and President’s power to revoke it still exists. A 5-bench constitution bench comprising CJI DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant was pronouncing its verdict on a batch of petitions challenging the abrogation of Article 370.
The apex court upheld the Modi government’s decision to abrogate Article 370, which bestowed special status to Jammu and Kashmir, and said steps should be taken to conduct elections in the assembly by September 30 next year.
“Article 370 of the Constitution was an interim arrangement due to war conditions in state. Constituent assembly of J&K was never intended to be permanent body,” CJI Chandrachud said.
Reading out the verdict, Chief Justice of India (CJI) Chandrachud stated, “We have concluded that the state of Jammu and Kashmir did not retain an element of sovereignty when it joined the Union of India.” CJI Chandrachud provided reasons for this conclusion, citing the instrument of accession executed by Maharaja Hari Singh, which explicitly stated that the sovereignty of the Maharaja would continue over the state.
The court also clarified that the concurrence of the state government was not necessary to apply all provisions of the Constitution using Article 370(1)(d). Consequently, the President of India obtaining the concurrence of the Union government was not deemed to be malafide.
PM Modi hailed the Supreme Court verdict as historic, a beacon of hope, a promise of a brighter future and a testament to country’s collective resolve to build a stronger and more united India.
“Today’s Supreme Court verdict on the abrogation of Article 370 is historic and constitutionally upholds the decision taken by the Parliament of India on 5th August 2019,” the prime minister said in a post on X, few minutes after the landmark judgment over petitions challenging abrogation of Article 370.
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