Saturday, May 18, 2024

News Destination For The Global Indian Community

News Destination For The Global Indian Community

TOP STORY
LifeMag
Supreme Court Backs Scrapping Of Article 370 for J&K

Supreme Court Backs Scrapping Of Article 370 for J&K

The Supreme Court, in a significant ruling, endorsed the Central Government's decision to revoke the special status of Jammu and Kashmir under Article 370 of the Constitution, paving the way for elections in the region next year. Chief Justice of India DY Chandrachud, delivering a majority judgment, asserted that Article 370, initially a temporary provision facilitating Jammu and Kashmir's integration into India, no longer held relevance.

Chief Justice Chandrachud clarified that Jammu and Kashmir, upon joining India, relinquished sovereignty, and its constituent assembly ceased to exist with the merger. He highlighted that the J&K constituent assembly was not meant to be permanent, existing solely for framing the Constitution, and its recommendations were not binding on the President. Despite the cessation of the constituent assembly, the state retained special status, and Article 370 persisted due to the prevailing situation.

The Supreme Court emphasized that Article 370 provided unique arrangements post-merger, acknowledging the absence of internal sovereignty in Jammu and Kashmir compared to other states. The bench, presenting three separate judgments, elaborated on the principle of asymmetric federalism, pointing out that various states, including Jammu and Kashmir, had distinct legislative and executive powers under Articles 371A to 371J.

The removal of Article 370 terminated Jammu and Kashmir's autonomous Constitution and decision-making authority, signaling the end of its special status. Embedded within Article 370 was Article 35A, granting the erstwhile state the authority to designate permanent residents and confer special privileges like government jobs and property ownership.

While not deeming it necessary to assess the validity of Jammu and Kashmir's reorganization into a Union Territory, the Supreme Court justified it as a temporary measure until the election and restoration of statehood. The ruling affirmed the constitutional soundness of scrapping Article 370 and highlighted the state's harmonization with other Indian states, dispelling the notion of internal sovereignty discrepancies.

The Court's decision aligns with the government's efforts to integrate Jammu and Kashmir fully into the Indian Union, emphasizing equality among states. The call for state elections by September 30, 2024, underscores the Court's commitment to expeditiously normalizing Jammu and Kashmir's status. This landmark judgment not only upholds the constitutional validity of the government's actions but also sets a precedent for redefining the relationship between the Union and its constituent states.

<button class="flex items-center gap-1.5 rounded-md p-1 pl-0 text-xs hover:text-gray-950 dark:text-gray-400 dark:hover:text-gray-200 disabled:dark:hover:text-gray-400 md:invisible md:group-hover:visible md:group-[.final-completion]:visible"></button>
 
 
<form class="stretch mx-2 flex flex-row gap-3 last:mb-2 md:mx-4 md:last:mb-6 lg:mx-auto lg:max-w-2xl xl:max-w-3xl">
 
</form>

Supreme Court Backs Scrapping Of Article 370 for J&K

Supreme Court Backs Scrapping Of Article 370 for J&K

The Supreme Court, in a significant ruling, endorsed the Central Government's decision to revoke the special status of Jammu and Kashmir under Article 370 of the Constitution, paving the way for elections in the region next year. Chief Justice of India DY Chandrachud, delivering a majority judgment, asserted that Article 370, initially a temporary provision facilitating Jammu and Kashmir's integration into India, no longer held relevance.

Chief Justice Chandrachud clarified that Jammu and Kashmir, upon joining India, relinquished sovereignty, and its constituent assembly ceased to exist with the merger. He highlighted that the J&K constituent assembly was not meant to be permanent, existing solely for framing the Constitution, and its recommendations were not binding on the President. Despite the cessation of the constituent assembly, the state retained special status, and Article 370 persisted due to the prevailing situation.

The Supreme Court emphasized that Article 370 provided unique arrangements post-merger, acknowledging the absence of internal sovereignty in Jammu and Kashmir compared to other states. The bench, presenting three separate judgments, elaborated on the principle of asymmetric federalism, pointing out that various states, including Jammu and Kashmir, had distinct legislative and executive powers under Articles 371A to 371J.

The removal of Article 370 terminated Jammu and Kashmir's autonomous Constitution and decision-making authority, signaling the end of its special status. Embedded within Article 370 was Article 35A, granting the erstwhile state the authority to designate permanent residents and confer special privileges like government jobs and property ownership.

While not deeming it necessary to assess the validity of Jammu and Kashmir's reorganization into a Union Territory, the Supreme Court justified it as a temporary measure until the election and restoration of statehood. The ruling affirmed the constitutional soundness of scrapping Article 370 and highlighted the state's harmonization with other Indian states, dispelling the notion of internal sovereignty discrepancies.

The Court's decision aligns with the government's efforts to integrate Jammu and Kashmir fully into the Indian Union, emphasizing equality among states. The call for state elections by September 30, 2024, underscores the Court's commitment to expeditiously normalizing Jammu and Kashmir's status. This landmark judgment not only upholds the constitutional validity of the government's actions but also sets a precedent for redefining the relationship between the Union and its constituent states.

 
 
 

Leave a comment

Comments (0)

Related Articles

Opinion Express TV

Shapoorji Pallonji

SUNGROW

GOVNEXT INDIA FOUNDATION

CAMBIUM NETWORKS TECHNOLOGY

Opinion Express Magazine