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Historic Verdict: Supreme Court Upholds Removal of Article 370

President's Authority Confirmed in Landmark Decision on Jammu and Kashmir

December 11, 2023: In a historic decision, the Supreme Court has upheld the Modi government’s move to remove Article 370 from Jammu and Kashmir. This landmark ruling establishes that Jammu and Kashmir is an integral part of India, with the Chief Justice emphasizing the absence of internal sovereignty. The court’s decision provides a significant relief to the government, affirming the constitutional correctness of the 2019 decision to abrogate Article 370.

Supreme Court Validates Removal of Article 370

The Supreme Court, in a decisive judgment, validated the removal of Article 370 from Jammu and Kashmir, asserting the President’s authority in this matter. The court highlighted that the decision was constitutionally correct and aimed at the unification of Jammu and Kashmir with the rest of the country. Notably, the court emphasized that the provision of Article 370 was temporary and not meant for the disintegration of the region.

Chief Justice DY Chandrachud stated, “The President has the power to remove Article 370, and steps should be taken for early elections in Jammu and Kashmir. The decision was for the constitutional integration of Jammu and Kashmir, and there was no harm in removing Article 370.”

The court dismissed petitions questioning the decision’s validity, asserting that after so many years, it is inappropriate to debate the abrogation of Article 370. Furthermore, the court clarified that there is no requirement for the recommendation of the Legislative Assembly to remove Article 370 from the state, and it is not a permanent provision.

The verdict also addressed the status of Ladakh, stating that the decision to separate Ladakh is legal. Chief Justice DY Chandrachud explained, “Article 370 was a temporary arrangement made due to the war situation at that time. The President’s power to issue a notification revoking Article 370 continues even after the dissolution of the Jammu and Kashmir Constituent Assembly.”

The court set a deadline for elections in Kashmir, urging that they should be conducted by September 30, 2024, and emphasized the need for the restoration of statehood to Jammu and Kashmir. Chief Justice DY Chandrachud concluded, “Jammu and Kashmir is an integral part of India, and the decision to remove Article 370 was constitutionally sound.”

This monumental judgment settles the long-debated issue surrounding Article 370 and establishes a clear legal precedent, bringing closure to the contentious matter that has been in the public discourse since August 5, 2019.

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