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.
Live Updates
- 11 Dec 2023 2:00 PM GMT
What RSS says
The Rashtriya Swayamsevak Sangh has welcomed the Supreme Court's ruling on Article 370 saying it would contribute to strengthening national unity.In a message on social media platform X, formerly Twitter, RSS Akhil Bharatiya Prachar Pramukh Sunil Ambekar said, "The verdict of Supreme court to uphold the abrogation of Article 370 is appreciable. Rashtriya Swayamsevak Sangh welcomes this decision." Ambekar said RSS had always opposed Article 370, had passed resolutions against it and had participated in movements associated with the issue."This decision will contribute further in strengthening of national unity. The people of Jammu and Kashmir have finally got freedom from the injustice they were subjected to for years due to Article 370," he further said. - 11 Dec 2023 1:23 PM GMT
Life as usual in Srinagar; some celebrate
There were celebrations across Jammu on Monday but life went on as usual in Srinagar and other district headquarters in the Kashmir Valley as the Supreme Court upheld the Centre's decision to abrogate Article 370 and reorganise Jammu and Kashmir into two Union territories.Shops and business establishments opened in Srinagar and elsewhere as per usual while public transport also plied normally, in sharp contrast to what was witnessed on August 5, 2019, when the Centre moved to scrap Jammu and Kashmir's special status. There was radio silence from Kashmir that day.The scenes in Jammu -- the winter capital -- were different on Monday as several organisations held events to celebrate the top court ruling and lauded it as a momentous decision.While upholding the government's decision on Article 370, a five-judge bench of the Supreme Court also directed that statehood to the Union Territory of Jammu and Kashmir be restored at the earliest and said steps should be taken to conduct elections to the Assembly in the Union Territory by September 30 next year.In the summer capital, municipal workers were seen going about their work in the morning and tourists were busy clicking photographs at Lal Chowk in the city centre as taxis that ply between Srinagar and Jammu queued up at the tourist reception centre.Shop owners along the upmarket Residency Road were seen lifting the shutters, unmindful of the fact that the top court of the country was scheduled to deliver the verdict on petitions challenging the abrogation of Article 370.Muntazir Muzamil, a trader, said, "The verdict has been pronounced by the Supreme Court and there's no point debating it now. For the past 35 years, Kashmir has seen only violence... now, we are hopeful that the pace of development happening in Kashmir won't slow down." "The situation should remain peaceful. What else can a common man expect? We have to think of our future. Whatever happened has happened, it can't be undone now," he added.Although more uniformed men were on the streets in the morning, the numbers were not large enough to rouse any apprehensions. There were no concertina wires or special barricades erected on the roads to check the movement of people.In Jammu, organisations like the Dogra Front Shiv Sena (DFSS), Rashtriya Bajrang Dal and the West Pakistan Refugees hosted events to celebrate the top court verdict. - 11 Dec 2023 11:35 AM GMT
Chidambaram: Congress never said it will restore Article 370
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."
- 11 Dec 2023 10:17 AM GMT
Adhir Ranjan Chowdhury: When will govt reclaim PoK?
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.
- 11 Dec 2023 10:16 AM GMT
Amit Shah: Modi took visionary decision to abrogate Article 370
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.
- 11 Dec 2023 9:53 AM GMT
Uddhav welcomes SC ruling
Shiv Sena (UBT) chief Uddhav Thackeray has welcomed the Supreme Court ruling on Article 370 and wondered whether Prime Minister Narendra Modi would "guarantee" the safe return of Kashmiri Pandits to their erstwhile home state.He demanded that elections be held soon in Jammu and Kashmir as directed by the apex court.The Supreme Court unanimously upheld the Centre's decision to abrogate provisions of Article 370 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."We welcome the verdict of the Supreme Court. We had supported the move when Article 370 was scrapped. We also welcome the SC's directives to conduct elections by next September. We hope that elections are held soon and people get to vote in a free atmosphere," Thackeray told reporters on the premises of Vidhan Bhavan here. - 11 Dec 2023 8:44 AM GMT
Accepting the verdict with a heavy heart, says Ghulam Nabi Azad
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.
- 11 Dec 2023 8:26 AM GMT
August 5, 2019 and today's date will go down in history: SG Tushar Mehta
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.
