Constitution bench of Supreme Court will give its verdict
Today the Supreme Court will give its verdict on the petition against abrogation of Article 370 from Jammu and Kashmir and dividing it into two union territories. A five-judge Constitution bench of the Supreme Court comprising Chief Justice DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, BR Gavai and Justice Surya Kant will pronounce this verdict today. The Supreme Court had reserved the decision on September 5 after 16 days of debate.
The petitioners gave these arguments
In fact, several petitions challenging the abrogation of Article 370 and the Jammu and Kashmir Reorganization Act 2019 were sent to the Constitution Bench in 2019. These petitioners argued that Article 370 was initially considered temporary, but became permanent after the dissolution of the Constituent Assembly of Jammu and Kashmir. He also argued that Parliament does not have the authority to declare itself the legislature of Jammu and Kashmir to abrogate Article 370. Referring to Clause 3 of Article 370, the petitioners said that the recommendation of the Constituent Assembly was important for its removal. It cannot be repealed without the approval of the Constituent Assembly.
The central government gave these answers
During the hearing of this case, the Supreme Court asked many questions to the Centre. The Supreme Court asked that when there is no Constituent Assembly in Jammu and Kashmir, is its consent necessary before taking such a step and who can recommend the removal of Article 370? On this, the Central Government said in the court that abrogation of Article 370 was not a constitutional fraud. It was removed in accordance with the legal framework. The Center argued that Jammu and Kashmir’s accession to India was through a process similar to that of other princely states. The Supreme Court also asked that how could a provision which was temporary, become permanent after the tenure of the Jammu and Kashmir Constituent Assembly ended in 1957? The central government said that the current status of Jammu and Kashmir as a union territory is temporary and it is committed to restoring the statehood.
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