New Delhi: The Supreme Court affirmed the constitutional validity of the abrogation of Article 370 in Jammu and Kashmir. The apex court directed the Election Commission of India to oversee the conduction of elections to the Legislative Assembly of Jammu and Kashmir by 30th September 2024.
In three unanimous verdicts, the Supreme Court emphasized that Article 370 was a temporary provision. Chief Justice of India, DY Chandrachud, highlighted the unanimity of the three judgments, clarifying that the court cannot pass judgment on the validity of government orders, asserting that the President’s decision to revoke Article 370 was not mala fide(an act that is done without honest intentions).
During the proceedings, the court heard arguments from key figures, including Attorney General R Venkataramani, Solicitor General Tushar Mehta, and senior advocates Harish Salve, Rakesh Dwivedi, V Giri, representing the Centre and intervenors supporting the abrogation.
On the opposing side, senior advocates Kapil Sibal, Gopal Subramanium, Rajeev Dhavan, Zaffar Shah, and Dushyant Dave presented arguments on behalf of the petitioners challenging the abrogation.
The historic move to abrogate Article 370 took place on August 9, 2019, when the Union Government introduced the Jammu and Kashmir Reorganization Bill, leading to the formation of the Union Territories of Jammu and Kashmir and Ladakh. The bill secured 125 votes in the Rajya Sabha and 370 votes in the Lok Sabha, with Union Home Minister Amit Shah introducing the bill in both houses.
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