Article 370 / The decision to remove 370 will remain intact, Supreme Court announced its decision, said this big thing

Zoom News : Dec 11, 2023, 11:37 AM
Article 370: The decision to remove Article 370 from Jammu and Kashmir will remain intact. CJI Chandrachud, while reading the decision of the bench of five judges, said - Article 370 was temporary. It was brought for a fixed period of time. Every decision taken by the Center cannot be challenged in the court. The CJI said that only if the Centre's decision is causing any kind of difficulty, it can be challenged.

The court said that after Article 356, it would not be correct to say that the Center can make laws only through the Parliament. CJI also said that this decision contains the judgments of 3 judges. One decision is mine, Justice Gavai and Justice Surya Kant. The second decision is of Justice Kaul. Justice Khanna agrees with both the decisions.

While giving the verdict in the Supreme Court, he said that removing Section 370 is not a wrong decision. The central government can do this. With this, the court has approved the decision of the Central Government of August 5, 2019.

Section 370 was temporary – CJI

While delivering the verdict, CJI DY Chandrachud said that Article 370 was a temporary provision. Therefore, it would not be appropriate to question the decision of the Central Government. He said that Jammu and Kashmir was and will remain an integral part of India. He said that at the time of the country's independence, when Jammu and Kashmir was merged into India, it had given up its sovereignty. Therefore, the Constitution of Jammu and Kashmir will come within the Indian Constitution. He said that according to the Indian Constitution, the states cannot be above the country. Along with this, the CJI said that the power of the President to issue notification of abolition of Article 370 remains in force even after the dissolution of the Jammu and Kashmir Constituent Assembly.

Chief Justice spoke on President's rule

While commenting on the President's rule in Jammu and Kashmir, the CJI said that there is no need for the court to give a decision on this because the petitioners have not challenged it. And in any case it was withdrawn in October 2019. The CJI said that every decision taken by the Union on behalf of the State during President's rule cannot be challenged. Due to this the administration of the state will come to a standstill.

Two claims regarding Mehbooba's detention

Here, before the decision, political turmoil increased in Jammu and Kashmir. PDP alleged that their leader Mehbooba Mufti was illegally detained by the police before the verdict. After this, Lieutenant Governor Manoj Sinha refused to put anyone under house arrest. He termed it an attempt to spread rumours.

SC started regular hearing on Article 370 from August 2.

The Modi government, in its second term, had abolished Article 370 on 5 August 2019. A total of 23 petitions were filed in the Supreme Court against the government's decision. A bench of five judges heard all the petitions together. The 16-day long hearing ended on September 5. After this the Supreme Court had reserved the decision. That means the Supreme Court gave its verdict on the case after 96 days of hearing.

Who advocated for which side?

On behalf of the government- Attorney General R Venkataramani, Solicitor General Tushar Mehta, senior lawyers Harish Salve, Rakesh Dwivedi, V Giri.

On behalf of the petitioners- Kapil Sibal, Gopal Subramaniam, Rajeev Dhawan, Zafar Shah and Dushyant Dave.