New Delhi: Today, the Supreme Court is expected to deliver a ruling on the constitutionality of the Centre\’s decision to revoke Article 370, which conferred special status on Jammu and Kashmir and restructured the state into two Union Territories. Here are 10 notable points on this significant development:
- The anticipated verdict comes from a five-judge Constitution bench led by Chief Justice of India DY Chandrachud, addressing multiple petitions challenging the Centre\’s decision made four years ago.
- Petitioners contend that Article 370 cannot be unilaterally annulled by the Centre, as the powers of the Constituent Assembly were vested in the J&K legislature after its dissolution in 1957.
- The Supreme Court has raised queries about the authority to recommend the revocation of Article 370. According to the rules, approval from the Constituent Assembly is required to abolish Article 370, which the Constitution initially deemed temporary. The court has also sought clarification on how the Article became permanent after the dissolution of the Constituent Assembly.
- The Centre asserts that its decisions were executed within the legal framework. It argues that the integration of Jammu and Kashmir has mitigated terrorism and established a fair playing field.
- Over the past four years, the government contends that it has accelerated the development of the former state.
- According to the government, Article 370 deprived the people of J&K of several fundamental rights, including the right to education. Constitutional rights automatically applicable to every Indian could not be extended to residents of Jammu and Kashmir without approval from the state legislature.
- In contrast, Article 35A, abolished alongside Article 370, limited individuals from other parts of the country from securing jobs, owning land, and settling in Jammu and Kashmir, preserving these as exclusive privileges for the residents of the region.
- Enhanced security measures have been implemented in the Kashmir Valley ahead of the verdict. The BJP underscores the importance of respecting the Supreme Court\’s decision.
- Former Chief Minister and National Conference chief Omar Abdullah pledge non-disruption of peace even in the event of an unfavorable verdict. He affirms the continuation of their lawful fight. Mehbooba Mufti\’s People\’s Democratic Party and the Congress express hope that the court will side with the people.
- Article 370 was revoked, and Jammu and Kashmir was reorganized into two Union Territories in August 2019, over a year after the collapse of the PDP-BJP alliance government. This occurred during the erstwhile state\’s period under President\’s Rule.
