Supreme Court to reassess 2019 Article 370 abrogation today(on 1st May),, reigniting debates. Previous ruling upheld the abrogation, yet ongoing hearings highlight persistent controversies.
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NEW DELHI: The Supreme Court of India will today(on 1st May), review the validity of the union government’s decision in 2019 to abrogate Article 370 of the Constitution, which granted special status to the region of Jammu and Kashmir.
Article 370, which granted autonomous status to Jammu and Kashmir, was abrogated by the Centre on August 5, 2019. The move sparked widespread reactions and reactions from various stakeholders, leading to a divided opinion on the constitutionality and implications of such a decision. Last year in December, the Supreme Court upheld the abrogation of Article 370, deeming it constitutionally valid. As per the court’s direction, the Election Commission was also instructed to hold elections in Kashmir by September 30, 2024.
The 5-judge bench, headed by Chief Justice of India DY Chandrachud, announced these decisions.
In a statement, Chief Justice Chandrachud expressed the court’s stance, saying-
“It’s not necessary to rule on the validity of proclamations since the primary challenge pertains to the abrogation. Even if it’s determined that the proclamation couldn’t be issued, there’s insufficient evidence to suggest that President’s rule cannot be invoked during such circumstances.”
The bench that passed this landmark verdict comprised of Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gaval, and Surya Kant.
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The review petitions challenging the abrogation of Article 370 have been filed by Dr. Hussain, the president of the J&K People’s Movement, and Muzzafar Shah, the president of the J&K Awami National Conference. These petitions seek a re-evaluation of the Supreme Court’s previous ruling on the matter. Dr. Hussain and Mr. Shah, representing their respective political parties, have taken this step to challenge the government’s decision and present their arguments in favor of restoring the special status to Jammu and Kashmir.
Peoples Conference chief Sajad Lone, while acknowledging that challenging the abrogation of Article 370 in the Supreme Court might have been seen as a mistake, stated that not doing so would have had severe political ramifications for the mainstream parties in Jammu and Kashmir. The decision to challenge the abrogation reflects the concerns and aspirations of these parties to protect the rights and special status of the region.
The review of the Supreme Court’s decision to abrogate Article 370 holds significant implications for the future of Jammu and Kashmir. It will determine whether the abrogation stands valid under the constitutional framework or if there are grounds for reconsideration. The arguments put forth by the petitioners and the counter-arguments presented by the government will shape the court’s final ruling on the matter.
The region of Jammu and Kashmir has witnessed a complex political landscape, marked by historical and geopolitical factors. The abrogation of Article 370 brought about significant changes, including the reorganization of the state into two separate union territories, Jammu and Kashmir, and Ladakh. These changes have had far-reaching implications for the region’s governance, economy, and identity.
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