Article 370: Supreme Court to pronounce verdict on validity of ending J&K Special status today
The Supreme Court is set to deliver its verdict on the constitutional validity of the Centre’s decision to revoke Article 370 today.
New Delhi: In a significant development, today, the Supreme Court is set to deliver its verdict on the constitutional validity of the Centre’s decision to revoke Article 370. This article granted special status to Jammu and Kashmir and led to the split of the state into two Union Territories. The decision is expected today from a five-judge Constitution bench, led by Chief Justice of India DY Chandrachud.
Petitions challenging the Centre’s move, made four years ago, have been at the forefront of legal scrutiny. The petitioners argue that the unilateral scrapping of Article 370 y the Centre is not permissible, as the powers of the Constituent Assembly were vested in the Jammu and Kashmir legislature after is dissolution in the year 1957.
A key question before the court is who has the authority to recommend the revocation of Article 370. According to the rules, approval from the Constituent Assembly is required for such a move, but concerns arise as to how Article 370 became permanent after the dissolution of the Constituent Assembly.
The Centre contends that its decisions were made within the legal framework, stating that the mainstreaming of Jammu and Kashmir has led to a reduction in terrorism and provided equal opportunities. Over the past four years, the government claims to have accelerated development in the region.
The Supreme Court further argues that Article 370 deprived the people of Jammu and Kashmir of fundamental rights, including the right to education. The removal of Article 35A, along with Article 370, also abolished special privileges like restricting job access, land ownership, and settlement in Jammu and Kashmir to its residents alone.
Amidst anticipation of the verdict, security has been heightened in the Kashmir valley. The BJP has called for respect for the court’s decision. Political leaders like Omar Abdullah have pledged to uphold peace, even in the case of an adverse verdict.
The scrapping of Article 370 and the division of Jammu and Kashmir occurred in August 2019, a year after the collapse of PDP-BJP alliance. It took place while the state was still under the rule of the President.
Ms Kalinga