Supreme Court Judgement on Article 370: Abrogation Declared Legal

0
1

Supreme Court Judgement on Article 370 – On Monday, 11 December 2023, the Supreme Court of India gave its verdict on the Union government’s 2019 decision to amend Article 370. 

In a 5-0 unanimous judgment, a Constitutional Bench led by Chief Justice of India DY Chandrachud termed the Union Government’s 2019 action legal.

According to Chief Justice DY Chandrachud, there was no immediate evidence suggesting that the president’s orders in 2019 were malicious in intent or constituted an improper exercise of power. 

Although the court characterized the reorganization of the former state into Union Territories in 2019 as a provisional measure, it instructed the Central government to work towards reinstating Jammu and Kashmir’s statehood. 

Additionally, the court mandated that the Legislative Assembly elections be conducted by the upcoming year.

The 5 Judge Constitutional bench based its verdict on the landmark SR Bommai vs. Union of India judgment of 1994, details of which can be read in this Indian Express article.

Prime Minister Narendra Modi welcomed the judgment. He declared that the chains of the past would no longer shackle the people’s aspirations.

He took to the microblogging site ”X” to share his thoughts, calling the judgment ”historic” and that ”the essence of Indian unity was fortified”.

PM Modi led the union government, which had received a lot of flak for their 2019 decision to amend Article 370 of the Indian Constitution.

National Conference leader Omar Abdullah said the Supreme Court’s decision on Article 370 was a “setback for the people of Jammu and Kashmir.” Terming it a defeat, he emphasized that the struggle shall continue.

Opposition parties have raised concerns regarding the federal structure of the nation. “Prima facie, we respectfully disagree with the judgment on the manner in which Article 370 was abrogated,” said former Union home minister P. Chidambaram at a press conference. 

The Congress party also said it was “disappointed” that the court did not decide whether the parliament could convert a state into a Union territory. 

One of the petitioners in the Supreme Court in the matter, the CPI(M), issued a statement saying that the judgment is ” disturbing and has serious consequences for the federal structure of our Constitution, which is one of its fundamental features.”

Pakistani response was unsurprising as they condemned the judgment and termed it ”Travesty of Justice”. Ever since coming into being, the state of Pakistan claims Jammu and Kashmir to be a ”disputed territory” and wants a referendum to be conducted there by the United Nations.

Whether the matter will be laid to rest or used for politics in the upcoming 2024 General Election is yet to be seen. Knowing the region’s history and a past full of conflict, the probability of the issue dying down is very low.

LEAVE A REPLY

Please enter your comment!
Please enter your name here