December 14, 2023
symbolizing the legal focus

In a unanimous 5-to-1 decision, the Supreme Court maintained the Centre’s revocation of Article 370 of the Constitution.

Regarding the Union government’s 2019 attempt to change Article 370 of the Constitution, the Supreme Court recently rendered a decision. The former state of Jammu and Kashmir’s unique status was terminated by the abrogation. The court upheld the validity of the Constitutional order that nullified Article 370.

In the Supreme Court on article 370 latest news has upheld Prime Minister Narendra Modi’s government’s 2019 decision to abolish Jammu and Kashmir’s special status, which granted it some autonomy, delivering political groups in Kashmir a severe blow.

What is Article 370 of Indian Constitution?

  • Internal administrative autonomy was granted to Kashmir upon the implementation of Article 370 in October 1949. This meant that Kashmir may enact its own laws in any area other than finance, defense, foreign affairs, and communications.
  • The region under the Indian administration created a distinct flag and constitution, and it forbade outsiders from claiming property rights there.
  • A 1954 amendment to Article 370, known as Article 35A, gave state legislators the authority to provide particular rights and benefits for state permanent residents.
  • Article 35A was eliminated along with Article 370, allowing non-Kashmiris to own real estate in the area and igniting concerns that India is attempting to manipulate a “demographic shift” in the Muslim-majority area.
  • In 2019, the Modi administration further divided Kashmir into two areas, to be administered directly from New Delhi. The criminal law, the constitution, and the flag of Kashmir were all taken away by Article 370.
  • Since then, there have been no regional elections in any of the two areas.

is article 370 good?

  • Jammu and Kashmir does not share any special internal sovereignty with any other state, according to the Supreme Court. Under Article 370, Jammu and Kashmir was given a constitution of its own and the power to make decisions on anything except defense, communications, and foreign policy.
  • In the Supreme Court judgment on article 370, it upheld the temporary nature of Article 370. Chief Justice Chandrachud clarified that this viewpoint is supported by Article 370’s presence in Part XXI of the Constitution, which addresses temporary measures. He said that amid the difficult conditions the state faced in 1947, this interim law had a special function.

Supreme Court verdict article 370: Key Rulings

  • Chief Justice D Y Chandrachud declared that when Jammu and Kashmir joined India in 1947, it lost all aspects of its sovereignty. The court emphasized the state’s status as an essential component of India, pointing out that, in spite of early declarations, its integration was comparable to that of other princely states.
  • The Apex court made it clear that Article 370 of the Indian Constitution is a measure meant to be temporary and transitional. The judges used a linguistic approach, referencing the historical background and the fact that Article 370 is located in the Constitution’s Part XXI, which addresses temporary provisions. This reading was consistent with the clause’s original meaning, which dates back to 1947 when the country was at war.
  • Both of the presidential proclamations from 2019 that essentially revoked Article 370 were sustained by the court. The “Legislative Assembly of Jammu and Kashmir” was therefore created in place of the previous term “constituent assembly of Jammu and Kashmir.” Concerns about the Union gaining state powers during the President’s rule were addressed by the court by citing the historic “SR Bommai v Union of India” decision.

article 370 Supreme Court verdict: Major Implications of the Ruling

  • The ruling means that Jammu and Kashmir’s special status is over, along with its distinct autonomy, independent Constitution, and right to make decisions.
  • The termination of Article 35A, which gave permanent residents exclusive rights including government employment and property ownership, coincides with the annulment of Article 370.
  • The Election Commission was instructed by the Supreme Court to hold elections in the state of Jammu and Kashmir by September 2024, which cleared the way for a revitalized political movement in the area.

Supreme Court judgment on article 370: Likeliness of Occurrence

  • The ruling ushers in a new age of governance as well as representation in Jammu & Kashmir and changes the political landscape of the region.
  • There are significant socioeconomic ramifications to the repeal of Article 35A, especially with regard to employment prospects, land ownership, as well as economic growth.
  • Elections will be held by September 2024, as mandated, and this will likely lead to a revitalized democratic process where citizens will be able to influence the governance of the region going forward.

The consequences of this decision will keep on to have an impact on how the central and the states cooperate as India evolves. The Supreme Court’s decision to strike down Article 370 exclusive status and its subsequent ruling highlights the manner in which India’s constitutional framework continually evolves and how the country strives toward becoming more peaceful and cohesive.

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