Article 370 verdict: Everything you need to know about Supreme Court's judgement on J&K

Article 370 verdict: Everything you need to know about Supreme Court's judgement on J&K

The Supreme Court has delivered its judgement on the contentious issue of Article 370 in Jammu & Kashmir.

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Article 370 verdict: Everything you need to know about Supreme Court's judgement on J&KArticle 370 verdict: Everything you need to know about Supreme Court judgement on J&K

In a groundbreaking decision on December 11, the Supreme Court settled the long-standing debate over Article 370, delivering a verdict that reverberates across the nation. Here's a breakdown of the landmark ruling:


Key Points:


•    Verdict Upheld: The Supreme Court supports the government's 2019 decision to repeal Article 370, a provision that granted special status to Jammu and Kashmir.


•    Election Mandate: The court directs steps to be taken for assembly elections in Jammu and Kashmir by September 30 of the following year, setting the stage for the region's political future.


•    Statehood Ordered: In a significant move, the Supreme Court orders the expeditious reinstatement of Jammu and Kashmir's statehood, signaling a shift in its administrative status.


Background on Article 370:


•    Origin and Significance: Enacted on October 17, 1949, Article 370 granted Jammu and Kashmir a unique status, providing the region with its constitution, separate flag, and limited central interference.


•    2019 Abrogation: The BJP government, led by Prime Minister Narendra Modi, decided to abolish Article 370 in August 2019, leading to the bifurcation of Jammu and Kashmir into Union Territories of Ladakh and Jammu and Kashmir.
Understanding Article 370:


•    Distinct Privileges: Conceived by Sheikh Abdullah in 1947, Article 370 conferred unique privileges, including a separate constitution, flag, and limited central intervention in matters concerning the state.


•    Demographic Impact: The abrogation in 2019 sparked debates on autonomy and demographic changes in the region, altering its political landscape significantly.


Legal Battle:


•    Petitioners' Arguments: Some challengers contended the abrogation's invalidity, citing the expiration of the Jammu and Kashmir Constituent Assembly in 1957, claiming that Article 370 became permanent with the Assembly's dissolution.


•    Government's Defense: The government defended its decision, citing no "constitutional fraud," emphasizing impediments to development, and pointing out improved security conditions post-abrogation.


Apex Court Proceedings:
•    Constitutional Scrutiny: The court examined constitutional validity, the impact of the Jammu and Kashmir Reorganisation Act, and various aspects surrounding the decision during the hearings.

Edited By: Bikash Chetry
Published On: Dec 11, 2023
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