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SC: Article 370 repeal legal

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Abrogation of Article 370 is legal: Supreme Court

The Supreme Court has ruled in favour of the Centre's decision to water down J&K's special status

Abrogation of Article 370 is legal: Supreme Court

The Supreme Court has held that the Centre's move to remove provisions of Article 370 from Jammu and Kashmir was constitutionally valid. The verdict was announced by a 5-judge bench headed by Chief Justice of India DY Chandrachud.

Writing the judgement for himself and Justices Gavai and Surya Kant, Chief Justice of India D Y Chandrachud said Article 370 of the Constitution was a temporary provision and the president has the power to revoke it.

The apex court also upheld the validity of the decision to carve out the union territory of Ladakh from Jammu and Kashmir in August 2019.

It has ordered the restoration of J&K's statehood and directed that election be held by September 30, 2024

The erstwhile state of Jammu and Kashmir does not have internal sovereignty different from other states of the country, he said.

"... all provisions of the Indian Constitution can be applied to J-K," the CJI said.

"We hold the exercise of presidential power to issue constitutional order abrogating Article 370 of Constitution as valid," the CJI said.

Jammu and Kashmir became an integral part of India and this is evident from Articles 1 and 370, he said while pronouncing the judgment.

“The Constituent Assembly of J&K was never intended to be permanent body,” the CJI stated.

Article 370, which was abrogated on August 5, 2019, was an interim arrangement due to war conditions in the erstwhile state, Justice Chandrachud said.

The princely state had become an integral part of India and this is evident from Articles 1 and 370, the CJI said.

The bench comprising CJI D Y Chandrachud and Justices Gavai, Surya Kant, Sanjay Kishan Kaul, Sanjiv Khanna, assembled at 10.56 am to pronounce the three separate and concurring judgements Justices Kaul and Khanna wrote their judgments separately.

The apex court reserved its verdict in the matter on September 5 after a 16-day hearing on a batch of petitions challenging the abrogation of the provisions of Article 370.

(with PTI inputs)


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