This Article is From Dec 12, 2023

Highlights: Supreme Court Backs Centre On Scrapping Of Jammu & Kashmir Special Status

Article 370 Verdict Live Updates: The Centre in 2019 scrapped the special status and split the state into two Union Territories - Jammu and Kashmir and Ladakh.

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Live: The petitioners argued that Article 370 cannot be scrapped unilaterally by the Centre

New Delhi:

Article 370 of the Constitution, which bestowed special status on the erstwhile state of Jammu and Kashmir, was a "temporary provision", the Supreme Court ruled on Monday. In a landmark verdict, the court unanimously upheld the Centre's August 5, 2019 decision to abrogate provisions of Article 370, while directing restoration of statehood for Jammu and Kashmir at the earliest and holding of the assembly elections by September 30, 2024.

The Centre in 2019 scrapped the special status and split the state into two Union Territories - Jammu and Kashmir and Ladakh.

The verdict from a five-judge Constitution bench led by Chief Justice of India DY Chandrachud comes in response to a slew of petitions challenging the Centre's move four years ago. After a 16-day-long hearing, the Supreme Court reserved its judgment on September 5.

The petitioners argued that Article 370 cannot be scrapped unilaterally by the Centre, since the powers of the Constituent Assembly were vested in the Jammu and Kashmir legislature after it was dissolved in 1957.

Here are the HIGHLIGHTS on the big story:

Dec 11, 2023 16:02 (IST)
By abrogating Article 370, PM Modi gave new strength to unity, integrity of India: BJP
The BJP on Monday hailed as "historic" the Supreme Court upholding the Centre's decision to scrap Article 370 and said with its abrogation in 2019, Prime Minister Narendra Modi gave new strength to the unity and integrity of India.

The court unanimously upheld the Centre's decision to abrogate provisions of the Article bestowing special status to the erstwhile state of Jammu and Kashmir, and directed restoration of statehood "at the earliest" as well as elections to the assembly by September 30 next year.
Dec 11, 2023 15:54 (IST)
"Can't Challenge Every Decision...": Supreme Court's "Chaos" Warning
The Supreme Court on Monday refused to rule on the validity of President's Rule in Jammu and
Kashmir - imposed in December 2018 - since it was not specifically challenged by petitioners as part of an overall contesting of the scrapping of special status, under Article 370, to the former state.

The court also seemed to warn against challenges to "decisions taken by the Union on behalf of the State (when President's Rule is in effect) for day-to-day administration", flagging possible "chaos".
Dec 11, 2023 15:46 (IST)
Jammu and Kashmir BJP welcomes verdict on Article 370
Jammu and Kashmir BJP president Ravinder Raina on Monday hailed the Supreme Court's verdict upholding the abrogation of Article 370, saying "we honour and respect the judgement in letter and spirit".

However, former president of J-K Congress G A Mir said the party is going through the verdict and would issue a statement accordinly. He said the apex court should have given a time frame for the restoration of the statehood and ensured special safeguards for the jobs and land for the locals of the Union Territory.
Dec 11, 2023 15:12 (IST)
Rajnath Singh calls Supreme Court decision "historic"

Defence Minister Rajnath Singh called Supreme Court's decision to constitutionally validating the removal of Article 370 a "historic" decision that is going to make every Indian happy.

Rajnath Singh also praised Prime Minister Narendra Modi for abolishing Article 370 and said that Jammu and Kashmir has entered a new era of development.
Dec 11, 2023 15:02 (IST)
S Jaishankar On Supreme Court Ruling
"Through today's historic verdict, the Supreme Court has upheld the decision of the Parliament on 5 August 2019. In this time, Jammu and Kashmir and Ladakh have seen the development, good governance and empowerment that were long their due. This has strengthened India's unity and integrity. Today's judgement portends a brighter future for our brothers and sisters in J&K and Ladakh. The Modi Government will continue its relentless efforts to bringing more growth and development for them," S Jaishankar posted on X
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Dec 11, 2023 14:09 (IST)
Article 370 Decision: In Historic Jammu And Kashmir Ruling, Supreme Court Sets Election Deadline

The Supreme Court today directed the Election Commission of India (EC) to hold elections in Jammu and Kashmir by September 30 next year.

Article 370 was scrapped and Jammu and Kashmir split in August 2019 - over a year after the PDP-BJP alliance government had collapsed.
Dec 11, 2023 13:37 (IST)
Article 370 Hearing: Not Every Centre's Decision Can Be Challenged, Says Chief Justice

The Supreme Court on Monday refused to rule on the validity of President's Rule in J&K - imposed in December 2018 - since it had not been specifically challenged by petitioners arguing against the scrapping of special status, under Article 356.
Dec 11, 2023 13:22 (IST)
Key Takeaways From Supreme Court's Article 370 Judgment

The Supreme Court, in a unanimous judgment delivered today, upheld the Centre's decision to scrap the provisions of Article 370 of the Constitution, which had granted special status to the erstwhile state of Jammu and Kashmir.

The Supreme Court upheld the validity of the Centre's decision to carve out the union territory of Ladakh from Jammu and Kashmir in August 2019.
Dec 11, 2023 13:21 (IST)
"Wounds Require Healing": Justice Kaul's Separate Order On Article 370

In a separate ruling during the hearing of the scrapping of Article 370 in Jammu and Kashmir, Justice Sanjay Kishan Kaul called for an impartial investigation into human rights abuses in Jammu and Kashmir since the 1980s.
Dec 11, 2023 13:13 (IST)
"Dil Na Umeed To Hai": Omar Abdullah After Supreme Court's Article 370 Ruling
Dec 11, 2023 13:11 (IST)
"Resounding declaration of hope, progress, unity": PM Narendra Modi after Supreme Court backs scrapping of Jammu & Kashmir special status

Prime Minister Narendra Modi on Monday hailed the "resounding declaration of hope, progress, and unity" for Jammu and Kashmir, and Ladakh, shortly after the Supreme Court struck down challenges to centre scrapping special status, under Article 370.
Dec 11, 2023 13:11 (IST)
Omar Abdullah To GN Azad: What Kashmir Leaders Said On Article 370 Ruling

A five-judge of the Supreme Court backed the Centre's move to scrap Article 370 in Jammu and Kashmir, which granted the erstwhile state a special status.

Democratic Progressive Azad Party (DPAP) chairman Ghulam Nabi Azad, who served as the chief minister of Jammu and Kashmir, called the verdict "sad and unfortunate" and said, the people of the region are not happy with the verdict but we have to accept it.

"The people of Jammu and Kashmir are not going to lose hope or give up. Our fight for honour and dignity will continue regardless. This isn't the end of the road for us. This is the loss of the idea of India," People's Democratic Party, Mehbooba Mufti said.

"The hand that you held has been wounded," she said in a video message posted on X.
Dec 11, 2023 12:22 (IST)
Dec 11, 2023 12:15 (IST)
"Disappointed but not disheartened. The struggle will continue. It took the BJP decades to reach here. We are also prepared for the long haul," National Conference leader Omar Abdullah said on the Supreme Court verdict 
Dec 11, 2023 12:06 (IST)
"Sad, Unfortunate But We Have To Accept It": Ghulam Nabi Azad

Democratic Progressive Azad Party (DPAP) chairman Ghulam Nabi Azad on Monday termed the Supreme Court's verdict on pleas challenging the abrogation of the provisions of Article 370 of the Constitution "sad and unfortunate", but said, "we have to accept it".

"It (the court verdict) is sad and unfortunate," Mr Azad told reporters here.

The former Jammu and Kashmir chief minister said the people of the region are not happy with the verdict delivered by a five-judge bench of the Supreme Court.

"But we have to accept it (the verdict)," he added.

The Supreme Court on Monday upheld the Centre's decision to abrogate Article 370, which bestowed a special status on the erstwhile state of Jammu and Kashmir, and said steps should be taken to conduct elections to the Assembly by September 30 next year.

The Supreme Court also directed that statehood to the Union Territory of Jammu and Kashmir be restored at the earliest.
Dec 11, 2023 11:54 (IST)
Justice Kaul: It is for the government to decide the manner in which the Truth and Reconciliation Commission must be set up, considering the sensitivities of the issues involved.
Dec 11, 2023 11:54 (IST)
Justice Kaul: I recommend the setting up of an impartial Truth and Reconciliation committee to investigate and report on the violations of human rights both by the State and non-state actors at least since the 1980s and recommend measures for reconciliation. 

The Commission must be set up before memory escapes. The exercise must be time-bound. 

There is an entire generation of youth that has grown up with a feeling of distrust and it is to them that we owe the greatest day of liberation.

Dec 11, 2023 11:53 (IST)
Justice Kaul: I recommend the setting up of an impartial Truth and Reconciliation committee to investigate and report on the violations of human rights both by the State and non-state actors at least since the 1980s and recommend measures for reconciliation.

Dec 11, 2023 11:50 (IST)
Justice Kaul: In my epilogue, I said -To move forward, wounds require healing...inter-generational trauma is felt by people. The first step towards healing the wounds is the acknowledgement of the acts of violations done by the State and its actors.


Dec 11, 2023 11:46 (IST)
Justice Kaul: Regarding the amendment of Article 370 using 367, I have said when a procedure is prescribed, it has to be followed. Amendment through the backdoor not permissible





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