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Supreme Court Verdict on Abrogation of Article 370

Courtesy/By: PARAM SAKET SARANG | 2023-12-30 15:39     Views : 292

 

On December 11, The Hon’ble Supreme Court of India delivered a historic verdict on Article 370, which provides special status to Jammu and Kashmir. SC delivered judgement on the abrogation of Article 370 and Article 35A. SC court thought over the sovereignty and integrity of our nation and delivered its verdict. It proves that for every person or institution nation integrity and sovereignty are a higher priority. The Supreme Court strongly affirmed the constitutionality of the Union Government's 2019 decision to remove Jammu and Kashmir's (J&K) special status under Article 370. SC also provides in its judgment that abrogation of Articles 370 and 35A enhances constitutional integration and maintains the sovereignty of the nation. The court also says the fact that Article 370 was not permanent.

 

Background of Article 370

Jammu and Kashmir were provided special status under Article 370 due to region disputes of our neighbouring countries such as Pakistan and China.

This Article was added to the Constitution as a temporary provision in 1949. It was drafted by N Gopalaswami Ayyangar, who was a member of the constituent assembly. Article 370 allows the state government to enact its constitution. The state has the power to enact laws, rules and regulations over citizenship, fundamental rights and ownership of property, except for finance, defence, foreign affairs, and communications. Article 370 restricted the Central power over the state. Even the Central government can’t declare a Financial Emergency {Article 360} in the state.

 

Timeline of How Did the Government Repeat Article 370

  • December 19, 2018 {President Rule imposed in J&K}:- The Parliament of India brought the provision to bring a new meaning of  “constituent assembly of Jammu and Kashmir” into “Legislative Assembly of Jammu and Kashmir”. Secondly, it helps to impose the President's rule and Article 370 was revoked through the President's Rule.
  • Resolutions in Parliament:- Concurrent was presented in both the houses. Lower House passed the resolution on 5th August 2019 while Upper House passed the resolution on 6th August 2019. On the same date, Article 370 was revoked.
  • Jammu and Kashmir Reorganisation Act:- Parliament passed the Jammu & Kashmir Act 2019. On August 9, 2019, This act helped in bifurcating the state of Jammu and Kashmir into two Union Territories-Jammu and Kashmir and Ladakh.

 

Impact of Abrogation of Article 370

  1. Application of the Indian Constitution to J&K: By this, J&K was granted full application of the Indian Constitution, and all of Article 370's provisions were deemed to be invalid.
  2. Termination of Unique Status: With the abrogation, the former state of Jammu and Kashmir lost its unique status. Jammu, Kashmir, and Ladakh are the two Union Territories that the Centre created out of J&K.

 

Conclusion

In addition to upholding the fundamentals of "Ek Bharat, Shreshtha Bharat," the recent ruling by the Supreme Court has also served as a potent reminder of the value of cooperation and a shared commitment to good governance. NDA Government abolished Article 370 and bifurcated the state of Jammu & Kashmir into two Union Territories-Jammu and Kashmir and Ladakh. The capital of Jammu and Kashmir UT is Jammu in the winter where as Srinagar in the summer.

Courtesy/By: PARAM SAKET SARANG | 2023-12-30 15:39