The Supreme Court is set to decide whether the decision to revoke Article 370, granting special status to Jammu and Kashmir, aligns with the constitution or not. Chief Justice Dipak Misra, along with Justices Sanjay Kishan Kaul, Sanjeev Khanna, B.R. Gavai, and Suryakant, from the Constitution Bench, is poised to deliver a verdict on this matter.
New Delhi: The Supreme Court is slated to announce its decision today on Article 370, the constitutional provision conferring special status to Jammu and Kashmir. The court will deliver its judgment on 23 petitions. On September 5, after hearing arguments from both sides, the Supreme Court had reserved its judgment following a 16-day marathon hearing.
The Supreme Court will ascertain whether the decision to abrogate Article 370 aligns with the constitution. The Constitution Bench, comprising CJI Dipak Misra, Justices Sanjay Kishan Kaul, Sanjeev Khanna, B.R. Gavai, and Suryakant, is tasked with delivering the verdict on this case.
Arguments were presented by 18 lawyers representing the petitioners, including Kapil Sibal, Gopal Subramaniam, Dushyant Dave, Rajeev Dhavan, and Gopal Shankarnarayanan. On the opposing side, arguments were put forth by Attorney General A.R. Venkataramani, Solicitor General Tushar Mehta, Harish Salve, Mahesh Jethmalani, Maninder Singh, and Rakesh Dwivedi.
The central government contended that the state’s legislative assembly was dissolved along with the abrogation of the state’s special status. When the legislative assembly is suspended, the central government has the authority, with parliamentary approval, to make decisions during the President’s rule. This process does not violate the fundamental principles of the constitution and does not infringe upon the federal structure between the center and the state. The petitioners argued that the central government, by bypassing the state legislative assembly, has infringed upon the state’s rights arbitrarily.
The Supreme Court, during the 16-day hearing, posed several questions to both sides, seeking clarification on the legal basis for such actions, the alleged arbitrary manner of reorganizing the state, and the roadmap for Jammu and Kashmir’s full statehood. Solicitor General Tushar Mehta stated that Ladakh would remain a centrally governed union territory permanently, with ongoing elections. He also mentioned that the electoral roll in Jammu and Kashmir is being updated, and preparations are underway for elections. The government is prepared, and the Election Commission will determine the election schedule. However, a specific timeframe for granting full statehood to Jammu and Kashmir cannot be provided.
