11/01/2024
Raw & Unfiltered Political Podcast On Section 370 With Cabinet Minister | Must Watch | Mukesh Daksh
EXPLAINED: Article 370 Revoked From
Kashmir | THIS IS HOW Modi Did It
In our latest YouTube video, we delve into the
complex dynamics surrounding the recent Supreme court order on 370
A screengrab of a five-judge Bench delivering the verdict on validity of abrogration of Article 370, in Supreme Court on December 11, 2023.
A screengrab of a five-judge Bench delivering the verdict on validity of abrogration of Article 370, in Supreme Court on December 11, 2023.
A Constitution Bench headed by Chief Justice of India (CJI) D.Y. Chandrachud on Monday unanimously upheld the Central government’s 2019 decision to abrogate Article 370 of the Constitution which conferred special status on the erstwhile State of Jammu and Kashmir (J&K).
Pointing out that Article 370 is a ‘temporary provision’, the Bench said that it was enacted due to wartime conditions in the State and was meant to serve a transitional purpose.
The Bench pronounced three verdicts – one by CJI DY Chandrachud for himself and Justices Gavai and Surya Kant. Whereas, Justices SK Kaul and Sanjiv Khanna have authored two separate concurring judgments.
The court held that J&K did not retain any internal sovereignty after its integration and that the concurrence of the State Government was not required to apply the Indian Constitution to the State.
In light of Solicitor General Tushar Mehta’s submission that the government plans to restore J&K’s statehood as soon as possible, the court did not adjudicate upon the validity of the reorganisation of the State into the Union Territories of J&K and Ladakh . However, it upheld the carving out of Ladakh as a Union Territory.
The court also directed the Election Commission of India to take steps to conduct elections to the J&K Legislative Assembly by September 30, 2024.
What is the debate around Article 370?
Justice S.K. Kaul in his concurring judgment recommended the constitution of an impartial Truth and Reconciliation Commission to investigate and report on the violations of human rights both by the State and non-state actors since the 1980s. The Commission has been tasked to suggest measures for reconciliation in a time-bound manner.
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Key Updates
Supreme Court upholds the abrogation of Article 370
Amendment through the backdoor not permissible: Justice Kaul regarding the use of the Article 367 route to amend Article 370
Article 370 does not cease to exist after the dissolution of the Constituent Assembly: Justice Kaul
J&K elections should be conducted before September 30
CJI Chandrachud outlines the conclusions reached by the bench in the verdict
The question of whether the Parliament can convert a State into a Union Territory is left open: CJI Chandrachud
DECEMBER 11, 2023 13:51
SC directs the establishment of ‘Truth and Reconciliation Commission’ to address human rights violations in J&K
The Supreme Court has ordered the establishment of a Truth-and-Reconciliation Commission to address human rights violations in Jammu and Kashmir since the 1980s. Justice S.K. Kaul in his concurring verdict directed the setting up of the commission to probe and report on human rights violations both by the State and non-State actors.
