Article 370 Verdict: In a ruling on December 11, the Supreme Court of India upheld the constitutional validity of Jammu and Kashmir’s abrogation of Article 370. The top court also ordered the Indian Election Commission to hold elections for the Jammu and Kashmir Legislative Assembly by September 30, 2024.
Ladakh’s Union Territory Status Confirmed
The central government’s decision to reorganise Ladakh as a Union Territory was upheld by the Supreme Court, which also ordered the restoration of statehood in Jammu and Kashmir. In a different but concurring ruling, Supreme Court Justice Sanjay Kishan Kaul stated that Article 370 was intended to be a temporary measure.
Disappointment without Discouragement
Omar Abdullah, a former chief minister of Jammu and Kashmir, expressed ‘disappointment but not discouragement. The fight will go on,’ he continued. ‘The BJP took decades to get here,’ he said, and he’s ready for the long haul as well.
Chief Justice DY Chandrachud’s Stand on Article 370
Chief Justice DY Chandrachud made his position on four crucial points apparent while outlining the details of the petitions filed to remove Article 370 of Jammu and Kashmir. “Jammu and Kashmir does not have sovereignty,” he declared. The President’s rule does not require consideration. The President’s authority is unaffected by the Jammu and Kashmir Constituent Assembly’s dissolution. Additionally, the CJI eliminated Article 370 from Jammu and Kashmir in his final ruling. He said that the President has the authority to remove Article 370 and described the removal as a constitutional decision. Here, the Central Government’s decision will now take precedence.
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