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Supreme Court gives verdict on removal of Article 370 from Jammu and Kashmir

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Supreme Court

New Delhi: After the removal of Section 370 from Jammu and Kashmir, many petitions were filed in the Supreme Court. Recently, the Supreme Court had heard these petitions for several consecutive days. Now the court has given its decision regarding this. A five-member bench headed by Chief Justice DY Chandrachud of the Supreme Court delivered three verdicts, but all are similar verdicts. While giving the verdict, CJI said that the bench of five judges took three types of decisions but the final conclusion of all is the same. The bench hearing this case included Supreme Court Chief Justice DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjeev Khanna, BR Gavai and Justice Surya Kant and today the same bench is giving its verdict.

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 the 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 And in any case it was withdrawn in October 2019.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.

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