SC to pronounce judgement on pleas challenging abrogation of Article 370 today
First Published: 11th December, 2023 8:55 IST
Attorney General R Venkataramani and Solicitor General Tushar Mehta appeared for Centre
The Constitution bench of the Supreme Court will pronounce its verdict on a batch of petitions challenging the abrogation of Article 370 and bifurcation of the erstwhile state of Jammu and Kashmir into two Union territories on Monday (December 11).
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.
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.
At the time of independence in 1947, the majority of the 565 princely states were in Gujarat and many had conditions relating to taxes, land acquisition and other issues, the central government told the bench.
The Centre had also submitted that the status of Jammu and Kashmir as a Union Territory is only temporary and it will be restored to statehood; however, Ladakh would remain a Union Territory.
Senior advocate Kapil Sibal, appearing on behalf of the petitioners, had opened the arguments, saying Article 370 was no longer a “temporary provision” and had assumed permanence post the dissolution of the Constituent Assembly of Jammu and Kashmir.
He had contended that the Parliament could not have declared itself to be the legislature of J-K to facilitate the abrogation of Article 370, as Article 354 of the Constitution does not authorise such an exercise of power.
Highlighting that the express terms of clause 3 of Article 370 show that a recommendation from the Constituent Assembly was essential to removing Article 370, Sibal had argued that in the wake of the dissolution of the Constituent Assembly, whose recommendation was required to abrogate Article 370, the provision could not be revoked.
The Jammu and Kashmir High Court Bar Association had told the Supreme Court that while acceding to India, the Maharaja of Jammu and Kashmir acceded to his sovereignty over the territory of the state but not his sovereign power to rule and govern the state.
The accession of Jammu and Kashmir to India was territorial and except for defence, external affairs and communication, all the powers were retained with the state to make laws and govern, said senior advocate ZA Zafar, appearing for the J-K High Court Bar Association.
The Central government had defended its decision to abolish Article 370 in Jammu and Kashmir, saying that after the changes, street violence, which was engineered and orchestrated by terrorists and secessionist networks, has now become a thing of the past.
Since 2019, when Article 370 was abrogated, the entire region has witnessed an “unprecedented era of peace, progress and prosperity,” the Centre said.
After the abrogation of Article 370 in Jammu and Kashmir, life has returned to normalcy there after three decades of turmoil, the Centre, in its affidavit, told the Supreme Court.
The Constitution Bench was hearing a batch of petitions challenging the abrogation of Article 370 of the Constitution and bifurcating the state into two Union Territories.
Several petitions were filed in the top court, including those of private individuals, lawyers, activists, politicians and political parties challenging the Jammu and Kashmir Reorganisation Act, 2019, which splits Jammu and Kashmir into two Union Territories: Jammu and Kashmir and Ladakh.
On August 5, 2019, the Central government announced the revocation of the special status of Jammu and Kashmir granted under Article 370 and split the region into two union territories. (ANI)
Also Read : 64 Indian students embark on educational journey to Japan for Sakura Science High School Programme
COMMENTS
TOPMOST STORY NOW
Live 12 Bangladeshi Nationals Including 4 Children and Women Detained in Tripura
22nd November 2024Live Meghalaya Minister Rakkam A. Sangma Doubts Congress’ Political Revival in State
22nd November 2024Live Manipur: Bodies of 6 Killed in Jiribam Handed Over to Their Families
22nd November 2024Live 5 Bangladeshi nationals arrested in Meghalaya
22nd November 2024WE RECOMMEND
India has stayed away from ideas of expansionism, resource-capturing: PM tells Guyana Parliament
PM Modi said the relations betwen India and Guyana are very deep and it is a relation of soil, sweat, diligence.
22nd November 2024India to establish ‘Jan Aushadhi Kendras’ in Guyana; increase defence, energy cooperation, announces PM Modi
PM Modi also termed his visit 'the first by an Indian PM to Guyana' as a "significant milestone" for the ties between the two countries.
21st November 2024CBSE X and XII exams 2025 to begin from February 15; datesheet out
The chemistry exam is scheduled to take place on February 27, 2025, and the Business studies exam will take place on February 22.
21st November 2024Punjab Police Arrests 2 Assam Men in ‘Digital Arrest’ Cyber Fraud Case
IP logs from WhatsApp and Skype indicated that the fraudulent calls originated from locations in Cambodia and Hong Kong.
19th November 2024India’s First Hydrogen Train to Roll Out Next Month, Details on route, facilities, speed and more…
This pilot project is just the beginning. Indian Railways plans to deploy up to 35 hydrogen-powered trains across the country
19th November 2024