LIVE | Not just a judgment, but beacon of hope: PM Modi on Art 370 ruling
5-judge Constitution Bench presided by CJI DY Chandrachud asks EC to take steps to hold elections in Jammu and Kashmir by Sept 30, 2024
The Supreme Court on Monday (December 11) upheld the Centre'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.
The apex court also directed that statehood to the Union Territory of Jammu and Kashmir be restored at the earliest.
Writing the judgement for himself and Justices Gavai and Surya Kant, Chief Justice of India D Y 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 on August 5, 2019. On that day, the government abrogated Article 370 and bifurcated the state into two union territories – Jammu and Kashmir, and Ladakh.
For a detailed explanation of the petitions filed against the abrogation over the years, read here.
The Federal has written extensively on Jammu & Kashmir – from 1947 when it was integrated with India till now. We've compiled a list for you here.
Former Union minister P Chidambaram said: "The Congress party never said it would restore Article 370 if voted to power. Our CWC resolution was very clear that Article 370 must be respected until it is amended or repealed in accordance with the Constitution and law. We have to examine the SC judgment but prima facie as of now it is evident that the court has held the repeal valid while also stating that the route used to amend Article 370 was ultra vires."
Congress leader in Lok Sabha Adhir Ranjan Chowdhury on Monday asked the government when it would reclaim Pakistan-occupied Kashmir (PoK), while also demanding that elections be held in Jammu and Kashmir and its statehood restored.
Asked about the verdict, Chowdhury said it was also the Congress' view that Article 370 was a temporary ad hoc measure and when it was put in place, the reasons were explained "We have been demanding in Parliament that when will you restore the statehood. Inside Parliament, (Home Minister) Amit Shah was saying with great conviction that we will reclaim Pakistan-occupied Kashmir, so they should tell us when will they reclaim PoK. Elections will come and go but reclaim PoK before this election," Chowdhury told reporters outside Parliament.
He asked the government to state when will elections be conducted in Jammu and Kashmir.
Union Home Minister Amit Shah, who moved the legislation in Parliament to abrogate Article 370 and turned the erstwhile state into two Union Territories, said Prime Minister Narendra Modi took a visionary decision five years ago that brought peace and normalcy in Jammu and Kashmir.
"I welcome the Honourable Supreme Court of India's verdict upholding the decision to abolish Article 370. On August 5, 2019, PM Narendra Modi took a visionary decision to abrogate Article 370. Since then peace and normalcy have returned to J&K," he said.
He said growth and development have brought new meaning to life in the Valley, which was once torn apart by violence. Prosperity in the tourism and agriculture sectors has raised the income levels of the residents of both Jammu and Kashmir and Ladakh, he added.
Democratic Progressive Azad Party (DPAP) chairperson Ghulam Nabi Azad termed the Supreme Court's verdict upholding the abrogation of Article 370 "sad and unfortunate" but said everyone has to accept it "with a heavy heart".
"Nobody will be happy with this judgment in Jammu and Kashmir," Azad said.
"It is unfortunate but everyone has to accept the decision of the Supreme Court with a heavy heart. We did not expect this decision. We were thinking that the Supreme Court will consider the sentiments of the people of Jammu and Kashmir and also the historical background under which Article 370 was incorporated to the constitution. That was our hope but unfortunately that has not happened," Azad told reporters at his residence here.
Asked about court's direction on holding elections and restoration of statehood, Azad said the government had made these commitments in the Parliament already.
In his view, the abrogation of Article 370 was done hurriedly and without consulting the people or the political parties of Jammu and Kashmir.
Solicitor General Tushar Mehta, the Centre's key counsel in defending the abrogation of Article 370 of the Constitution, on Monday said the Supreme Court verdict upholding the government's August 5, 2019 decision will go down in the history of the country.
As the only lawyer involved in the process of abrogation of Article 370 before August 5, 2019 and having led the arguments before the Constitution bench of the Supreme Court, it is a historical day for him too, Mehta said.
"August 5, 2019 and today's date will go down in the history of India, when a Himalayan constitutional blunder of the past with gigantic proportion was ultimately corrected by the government.
"It is only the iron will of our Prime Minister Narendra Modiji and the resolute decisiveness and brilliant strategy of our Home Minister Amit Shahji that made this historic decision possible. The nation will forever remain indebted to them," he said.
Mehta said he had the good fortune of witnessing and being a part of the entire process that exhibited their exemplary resolve, coupled with the minute coordination of the smallest details and flawless and scientific stewardship of the parliamentary process and floor management inside the House.
"The judicial adjudication by the Supreme Court is also equally historic and rare. A five-judge Constitution bench decided the matter that consisted of all five seniormost judges -- Justice D Y Chandrachud, Chief Justice of India, Justice S K Kaul, Justice Sanjiv Khanna, Justice Bhushan R Gavai and Justice Surya Kant -- a historic bench presided by the Chief Justice of India and also comprising three future chief justices of India. All five are legendary judges who are undisputably intellectual giants," he said in a statement.
The top law officer of the country said a very patient hearing was given by the bench to all sides for more than three weeks.
"And today comes a judgment which will go down in the history of this great country exhibiting astounding scholarship, concern for rule of law and a visible concern for the fundamental rights of equality of every resident of Jammu and Kashmir irrespective of religion, sex, caste or creed," he said.