Supreme Court Upholds Constitutional Validity Of Scrapping Article 370, PM Modi Calls Verdict 'Historic'

Article 370 Verdict in Supreme Court Judgement: The apex court has pronounced its verdict on a batch of petitions challenging the abrogation of Article 370 and the bifurcation of the erstwhile state of Jammu and Kashmir into two Union territories.

The Supreme Court on December 11 pronounced its verdict on a batch of petitions challenging the abrogation of Article 370 and bifurcation of the erstwhile state of Jammu and Kashmir into two Union territories. The Constitution bench of the Supreme Court gave its judgement on a batch of petitions challenging the abrogation of Article 370 and bifurcation of the erstwhile state of Jammu and Kashmir into two Union territories. A five-judge constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant passed the judgement.

Earlier, before the verdict, Congress leader Ravinder Sharma had said that people are expecting a lot from the Apex Court. Ravinder Sharma told ANI "People are expecting a lot from the Supreme Court and we believe that the SC will rightly uphold the Constitution and the sentiments of the people. All rights of the Jammu Kashmir people which were protected earlier regarding land and jobs, were taken away. The state was divided into two UTs. Elections have not been held for the last five and a half years. People demand early elections and restoration of statehood. We can only comment after the judgement comes. We respect the rule of law."

Meanwhile, Sunil Dimple, leader of the Jammu and Kashmir People's Conference has said that the decision which will come today will be written in golden letters while Amit Raina, of the NGO Roots in Kashmir has expressed his confidence that the Court will not bring back this Article.

On September 5, the apex court reserved the judgement after hearing the arguments for 16 days. The central government had defended its decision to abrogate Article 370, saying there was no "constitutional fraud" in repealing the provision that accorded special status to the erstwhile state of Jammu and Kashmir. Attorney General R Venkataramani and Solicitor General Tushar Mehta appeared for Centre.

The Centre had told the bench that Jammu and Kashmir was not the only state whose accession to India was through instruments of accession, but many other princely states that too had joined India post-independence in 1947, with conditionality and after their merger, their sovereignty was subsumed in the sovereignty of India.

Senior advocate Kapil Sibal, appearing on behalf of the petitioners, had opened the arguments, saying Article 370 was no longer a "temporary provision" and had assumed permanence post the dissolution of the Constituent Assembly of Jammu and Kashmir. He had contended that the Parliament could not have declared itself to be the legislature of J-K to facilitate the abrogation of Article 370, as Article 354 of the Constitution does not authorise such an exercise of power.

The Central government had defended its decision to abolish Article 370 in Jammu and Kashmir, saying that after the changes, street violence, which was engineered and orchestrated by terrorists and secessionist networks, has now become a thing of the past. On August 5, 2019, the Central government announced the revocation of the special status of Jammu and Kashmir granted under Article 370 and split the region into two union territories. 

Mehbooba Mufti, Omar Abdullah Under House Arrest? LG Manoj Sinha Says This

Amid reports of senior political leaders, including two former chief ministers Mehbooba Mufti and Omar Abdullah, being put under house arrest, LG Manoj Sinha, dismissing the claims said, "This is totally baseless. No one has been put under house arrest or arrested due to political reasons in J&K. It is an attempt to spread rumours."

#WATCH | On reports of J&K leaders put under house arrest ahead of SC verdict on abrogation of Art 370, LG Manoj Sinha says, "This is totally baseless. No one has been put under house arrest or arrested due to political reasons in J&K. It is an attempt to spread rumours." pic.twitter.com/CHvRh28Pu1 — ANI (@ANI) December 11, 2023

Security Tightened Across Jammu & Kashmir

With the verdict awaited, security across J& K has been tightened. 

Article 370 verdict LIVE updates: Three judgements to be delivered

The Supreme Court's five-judge constitutional bench will be delivering three verdicts in total revolving around the abrogation of Article 370. 

CJI DY Chandrachud says there are three judgements in the matter. https://t.co/amdOyDy2Gr — ANI (@ANI) December 11, 2023

SC Verdict On Article 370

According to ANI, CJI DY Chandrachud says, "Every decision taken by Union on behalf of State is not subject to challenge ...this will lead to chaos and uncertainty and would bring the administration of the State to a standstill..." It added, "Supreme Court says the argument of petitioners that the Union government cannot take actions of irreversible consequences in the State during Presidential rule is not acceptable."

'J&K became an integral part of India as evidenced from Articles 1 and 370 of the Constitution of India'

Supreme Court says it has held that Article 370 is a temporary provision. The apex court also says it holds that Jammu and Kashmir did not retain an element of internal sovereignty after it acceded to India. Supreme Court holds that Jammu and Kashmir became an integral part of India as evidenced from Articles 1 and 370 of the Constitution of India. "Supreme Court holds that Article 370 was an interim arrangement due to war conditions in the State. Textual reading also indicates that Article 370 is a temporary provision," says CJI reading out the judgment, as per ANI.

Article 370: President Can Declare That Article 370 Has Ceased To Exist

Supreme Court says Article 370 was meant for the constitutional integration of Jammu and Kashmir with the Union and it was not for disintegration, and the President can declare that Article 370 ceases to exist. Supreme Court holds that the power of the President to issue a notification that Article 370 ceases to exist subsists even after the dissolution of the J&K Constituent Assembly. 

Omar Abdullah Hits Out At LG

"Dear Mr LG these chains that have been put on my gate have not been put by me so why are you denying what your police force has done. It’s also possible you don’t even know what your police is doing? Which one is it? Are you being dishonest or is your police acting independent of you?" Omar posted on X.

Dear Mr LG these chains that have been put on my gate have not been put by me so why are you denying what your police force has done. It’s also possible you don’t even know what your police is doing? Which one is it? Are you being dishonest or is your police acting independent of… https://t.co/HFr2bLr7EP pic.twitter.com/b4Xye8RnoJ — Omar Abdullah (@OmarAbdullah) December 11, 2023

Article 370 Verdict: SC upholds validity of Presidential order

"Supreme Court says no maladies in exercise of power under Article 370(3) by President to issue August 2019 order. Thus, we hold the exercise of Presidential power to be valid," the Supreme Court mentioned.

Article 370 Verdict: CJI Says This

- We direct that restoration of statehood in Union Territory of J&K shall be done at the earliest, says CJI.

- CJI says 'We hold exercise of presidential power to issue constitutional order abrogating Article 370 of Constitution as valid'

Decision To Carve Out UT Of Ladakh From J&K Valid: CJI

"We uphold the validity of the decision to carve Union Territory of Ladakh out of Jammu and Kashmir," says CJI.

SC Verdict 'Historic', 'A Beacon Of Hope' For J&K

Prim Minister took to social media 'X' and posted the following:

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