EC directs EC to hold J-K assembly polls by September 30
The News Freedom
New Delhi, December 11
In a historic verdict, the Supreme Court on Monday unanimously upheld the validity of the Central government’s decision to abrogate Article 370 of the Constitution. Pronouncing the verdict, a Constitution Bench comprising of Chief Justice of India (CJI) DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant also directed the Election Commission of India to hold J-K assembly polls by September 30, 2024.
“The President had the power to issue a notification declaring that Article 370(3) ceases to operate without the recommendation of the Constituent Assembly. The continuous exercise of power under Article 370(1) by the President indicates that the gradual process of constitutional integration was ongoing. The declaration issued by the President under Article 370(3) is a culmination of the process of integration and as such is a valid exercise of power. Thus, CO 273 is valid,” the Supreme Court said.
“Article 370(3) was introduced for constitutional integration and not for constitutional disintegration. Holding that 370(3) cannot be used after constituent assembly was dissolved cannot be accepted,” the Supreme Court said.
“We hold that Article 370 is a temporary provision. It was introduced to serve transitional purposes, 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 to ratify the Constitution. Second, it was for a temporary purpose, an interim arrangement, in view of the special circumstances because of the war conditions in the State,” the Supreme Court further said.
“The President was empowered to issue the order to abrogate Article 370,” the Supreme Court added.
We have held that Article 370 is a TEMPORARY PROVISION: Chief Justice of India. #Article370 pic.twitter.com/21jewviXdP
— All India Radio News (@airnewsalerts) December 11, 2023
Prime Minister Narendra Modi hailed the Supreme Court’s judgment upholding the abrogation of Article 370 as a “historic” and “resounding declaration of hope, progress, and unity” for the people of Jammu, Kashmir, and Ladakh.
In a social media post , the Prime Minister praised the Court’s “profound wisdom” for strengthening the essence of national unity, a value he described as “above all else.” He expressed unwavering commitment to fulfill the dreams of the region’s resilient people and assured them that the benefits of progress would reach everyone, including the most vulnerable and marginalized sections affected by Article 370.
Emphasizing the broader significance of the verdict, PM Modi stated, “This verdict is not just a legal judgment; it is a beacon of hope, a promise of a brighter future, and a testament to our collective resolve to build a stronger, more united India.” He concluded his message with the hashtag #NayaJammuKashmir, signifying a new era of development and prosperity for the region.
Today's Supreme Court verdict on the abrogation of Article 370 is historic and constitutionally upholds the decision taken by the Parliament of India on 5th August 2019; it is a resounding declaration of hope, progress and unity for our sisters and brothers in Jammu, Kashmir and…
— Narendra Modi (@narendramodi) December 11, 2023
Union Home Minister Amit Shah also lauded the Supreme Court’s verdict upholding the Centre government’s decision to abolish Article 370 of the Constitution. “I welcome the Honorable Supreme Court of India’s verdict upholding the decision to abolish #Article370,” Shah wrote in a social media post.
He further emphasised the positive impacts of the abrogation, citing improved peace, normalcy, growth, and development in Jammu and Kashmir. “On the 5th of August 2019, PM @narendramodi Ji took a visionary decision to abrogate #Article370. Since then, peace and normalcy have returned to J&K. Growth and development have brought new meaning to human life in the valley once torn by violence,” he said.
Shah also highlighted the economic benefits witnessed by the region, mentioning prosperity in tourism and agriculture leading to higher income levels for residents. “Today, the Supreme Court’s verdict has proved that the decision to abrogate #Article370 was completely constitutional,” he concluded.
After the abrogation of #Article370, the rights of the poor and deprived have been restored, and separatism and stone pelting are now things of the past. The entire region now echoes with melodious music and cultural tourism. The bonds of unity have strengthened, and integrity…
— Amit Shah (Modi Ka Parivar) (@AmitShah) December 11, 2023
The BJP leaders including BJP President J P Nadda, and Minister of External Affairs Dr S Jaishankar also praised the Supreme Court verdict.
.@BJP4India welcomes the decision of Hon. Supreme Court pertaining to #Article370. The Constitutional Bench of the Supreme Court has upheld the process, objective, and decision to abrogate Articles 370 and 35A.
Our government, under Hon. PM Shri @narendramodi Ji, has brought…
— Jagat Prakash Nadda (Modi Ka Parivar) (@JPNadda) December 11, 2023
Through today’s historic verdict, the Supreme Court has upheld the decision of the Parliament on 5 August 2019.
In this time, Jammu and Kashmir and Ladakh have seen the development, good governance and empowerment that were long their due. This has strengthened India’s unity…
— Dr. S. Jaishankar (Modi Ka Parivar) (@DrSJaishankar) December 11, 2023