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Aditi Joshi
Guest
In a historic judgment, the Supreme Court of India upheld the Centre’s decision of abrogation of Article 370. This marks a transformative moment in the legal and constitutional history of the nation. Initiated by the National Democratic Alliance-led government under Prime Minister Narendra Modi, the move revoked the special status accorded to the state of Jammu and Kashmir on August 5, 2019. This resulted in the formation of two Union Territories, Ladakh and Jammu and Kashmir.
Chief Justice of India, Justice DY Chandrachud, along with Justices Gavai and Surya Kant, delivered a crucial judgment, emphasizing the temporary nature of Article 370. CJI Chandrachud underscored that Jammu and Kashmir no longer retained internal sovereignty after its accession to the Union of India. This decision marked a departure from the special autonomy the region once enjoyed. It aligned J&K with the rest of the country.
The judgment addressed several key points. These include the temporary nature of Article 370, the dissolution of the constituent assembly, and the president’s continuous exercise of power. They indicate an ongoing gradual integration process. The Judgement declared the constitution of Jammu and Kashmir redundant. It affirmed the validity of the president’s use of power.
Article 370 granted special autonomy to Jammu and Kashmir, limiting the legislative authority of the central government. The revocation resulted in the annulment of Article 35A. It will affect laws related to permanent residents, land ownership and government employment.
The abrogation of Article 370 brought about significant changes in the socio-political landscape of Jammu and Kashmir. The decline in incidents of stone-pelting, accelerated infrastructure development, and the introduction of government schemes reflect the positive impact of the decision. The Supreme Court’s judgment acknowledged these changes and paved the way for the restoration of statehood to Jammu and Kashmir.
The Supreme Court’s decision sets the stage for a new era in Jammu and Kashmir, where the region integrates further into the national fabric while retaining its unique cultural identity. The upcoming elections under the Reorganisation Act will play a crucial role in determining the future course of the region. The judgment, while addressing the constitutional validity of the abrogation, also serves as a beacon for the evolving legal landscape of India.
The post Supreme Court Upholds Abrogation of Article 370: A Landmark Decision appeared first on The Jaipur Dialogues.
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The Judgment
Chief Justice of India, Justice DY Chandrachud, along with Justices Gavai and Surya Kant, delivered a crucial judgment, emphasizing the temporary nature of Article 370. CJI Chandrachud underscored that Jammu and Kashmir no longer retained internal sovereignty after its accession to the Union of India. This decision marked a departure from the special autonomy the region once enjoyed. It aligned J&K with the rest of the country.
Key Points of Judgment
The judgment addressed several key points. These include the temporary nature of Article 370, the dissolution of the constituent assembly, and the president’s continuous exercise of power. They indicate an ongoing gradual integration process. The Judgement declared the constitution of Jammu and Kashmir redundant. It affirmed the validity of the president’s use of power.
Abrogation of Article 370
Article 370 granted special autonomy to Jammu and Kashmir, limiting the legislative authority of the central government. The revocation resulted in the annulment of Article 35A. It will affect laws related to permanent residents, land ownership and government employment.
Effects on Socio-Political Landscape
The abrogation of Article 370 brought about significant changes in the socio-political landscape of Jammu and Kashmir. The decline in incidents of stone-pelting, accelerated infrastructure development, and the introduction of government schemes reflect the positive impact of the decision. The Supreme Court’s judgment acknowledged these changes and paved the way for the restoration of statehood to Jammu and Kashmir.
The Path Ahead
The Supreme Court’s decision sets the stage for a new era in Jammu and Kashmir, where the region integrates further into the national fabric while retaining its unique cultural identity. The upcoming elections under the Reorganisation Act will play a crucial role in determining the future course of the region. The judgment, while addressing the constitutional validity of the abrogation, also serves as a beacon for the evolving legal landscape of India.
The post Supreme Court Upholds Abrogation of Article 370: A Landmark Decision appeared first on The Jaipur Dialogues.
Continue reading...