SC abrogation of Article 370 in J&K, calls for polls by September next year
SC abrogation of Article 370 in J&K, calls for polls by September next year
New Delhi: The Supreme Court on Monday upheld the government’s decision to abrogate Article 370, which bestowed special status on the erstwhile state of Jammu and Kashmir, and said steps should be taken to conduct elections in the assembly by September 30 next year.
Writing the judgement for himself and Justices Gavai and Surya Kant, Chief Justice of India DY Chandrachud said Article 370 of the Constitution was a temporary provision and the President has the power to revoke it.
The apex court also upheld the validity of the decision to carve out the union territory of Ladakh from Jammu and Kashmir in August 2019.
The CJI said there are limitations on powers of Parliament while President’s Rule is in place in a state. The State of Jammu and Kashmir didn’t retain any element of sovereignty when Maharaja Hari Singh signed an Instrument of Accession with India, ruled the SC Constitution Bench.
Jammu and Kashmir does not hold any internal sovereignty after accession to Union of India, ruled the Bench. The SC declared that Article 370 was a temporary provision of the Indian Constitution.
The CJI said Article 370 was an interim arrangement due to war conditions in the state.
The SC ruled that Jammu and Kashmir Constituent Assembly was never intended to be a permanent body and its recommendations were not binding on the President.
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