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SC verdict on abrogation of Article 370 Explained Live: A five-judge Constitution bench, presided by Chief Justice of India DY Chandrachud, had reserved its judgment within the matter on September 5 this 12 months. We clarify what the courtroom stated at this time, and its context.
SC verdict on abrogation of Article 370 Explained Live: The Supreme Court gave its verdict today (December 11) on the Union authorities’s 2019 transfer to amend Article 370 of the Constitution. The abrogation ended the particular standing conferred to the erstwhile state of Jammu and Kashmir. The courtroom held the Constitutional order that revoked Article 370 as legitimate.
A five-judge Constitution bench, presided by Chief Justice of India (CJI) DY Chandrachud, had reserved its verdict on as many as 23 petitions within the matter on September 5 this 12 months, after 16 days of hearings. The bench additionally comprised Justices S Ok Kaul, Sanjeev Khanna, B R Gavai and Surya Kant.
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CJI DY Chandrachud stated that Jammu and Kashmir held no inner sovereignty after accession to India. He stated there was no prima facie case that the President’s 2019 orders have been mala file (in unhealthy religion) or extraneous train of energy. While the courtroom stated the reorganisation of the erstwhile state into Union Territories in 2019 was a short lived transfer, it directed the Centre for the restoration of statehood and for Legislative Assembly elections to be held.
Justice Kaul advisable in his concurring opinion {that a} Truth and Reconciliation Commission ought to be arrange in J&Ok, for an acknowledgement of the acts of alleged rights violations within the area. You can read the conclusions from the CJI on the landmark verdict here. Scroll down for our explanations of various features of the decision.
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SC verdict on abrogation of Article 370 Explained Live: Here are the updates and explanations.
How Article 370 was abrogated: The background
Governor’s Rule was imposed in Jammu and Kashmir on June 19, 2018, after the BJP withdrew assist to the coalition authorities led by People’s Democratic Party (PDP) chief and Chief Minister Mehbooba Mufti. Under Article 92 of the J&Ok Constitution, six months of Governor’s Rule was obligatory earlier than the state may very well be put beneath the President’s Rule.
The Legislative Assembly was dissolved on November 21 and, on December 12, earlier than the tip of six months, President’s rule was imposed on J&Ok. President’s Rule was subsequently accepted by each Houses of the Parliament.
On June 12, 2019, President’s Rule was prolonged for one more six months with impact from July 3 of that 12 months.
On August 5, the Centre issued an order amending The Constitution (Application to Jammu and Kashmir) Order, 1954, and superseding it with The Constitution (Application to Jammu and Kashmir) Order, 2019. The new order made “all the provisions of the Constitution” relevant to J&Ok state. The authorities additionally amended Article 367 so as to add a brand new Clause (4), making the Constitution of India immediately relevant to J&Ok.
On August 6, the President issued a declaration beneath Article 370(3) making all its clauses inoperative besides the availability that every one articles of the Constitution shall apply to J&Ok.
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First revealed on: 11-12-2023 at 09:17 IST
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