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A five-judge Constitution bench of the Supreme Court on Monday upheld the validity of the union government’s 2019 decision to revoke the special status of Jammu and Kashmir conferred to it under Article 370. The apex court had pointed out that Article 370 is a “temporary provision”.
A lot of politicians and activists, opposing the centre’s move to scrap Article-370, were waiting for SC’s verdict in the matter with hopes. However, the five-judge bench, not only upheld the decision, but acknowledged the ‘temporary’ status of the Article 370. The apex court also asked the government to hold elections in Jammu and Kashmir by September 2024.
Article 370 verdict LIVE Updates
Hours before the judgement, lawyer and former parliamentarian Kapil Sibal had given a hint of the apex court’s decision in the matter. In his social media post he said that “some battles are fought to be lost.”
“Courts Some battles are fought to be lost. For history must record the uncomfortable facts for generations to know. The right and wrong of institutional actions will be debated for years to come. History alone is the final arbiter of the moral compass of historic decisions,” said Sibal in his post on X.
The decision was hailed by PM Modi, Home Minister Amit Shah and several BJP leaders. On the other hand, many politicians from Kashmir expressed their disappointment with the decision and looked forward to the SC’s order to conduct elections in Jammu and Kashmir next year.
“We have held that Article 370 is a temporary provision on a reading of the historical context in which it was included,” said the CJI, who wrote the judgment for himself and Justices B R Gavai and Surya Kant.
He said Article 370 was introduced to serve two purposes, including the transitional purpose to provide for an interim arrangement until the Constituent Assembly of the state was formed and could take a decision on the legislative competence of the Union on matters other than the ones stipulated in the Instrument of Accession and ratify the Constitution.
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Published: 11 Dec 2023, 04:05 PM IST
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