New Delhi: The Supreme Court of India, in its final hearing on the petitions filed against the abolishment of Article 370, upheld the Parliament’s decision, stating that Jammu and Kashmir are integral parts of India.
The Supreme Court also mentioned that Article 370 was a temporary solution and was bound to end sometime.
Attorney General R Venkataraman and Solicitor General Tushar Mehta spoke for the central government in response to the petitioners’ accusations of “constitutional fraud,” arguing that there was no such thing as “constitutional fraud” and that all actions were taken in accordance with the “due process established under the law.”
Ladakh would remain a Union Territory, the federal government added, but Jammu and Kashmir’s status as a Union Territory is just transitory, and it will regain its independence.
Supreme Court begins pronouncing judgement on a batch of petitions challenging the abrogation of Article 370 and bifurcation of the erstwhile state of Jammu and Kashmir into two Union territories pic.twitter.com/3WZ4LTydEG
— ANI (@ANI) December 11, 2023
Senior counsel Kapil Sibal argued on behalf of the petitioners that the Parliament lacked the authority to declare itself the legislative body of Jammu and Kashmir and reverse Article 370 because it became permanent after the dissolution of the Jammu and Kashmir Constituent Assembly.
Notably, Article 370 was abolished by the Parliament on 5 August 2019.
The decision was rendered in response to numerous petitions contesting the Center’s action from four years ago by a five-judge Constitution bench chaired by Chief Justice of India DY Chandrachud. On September 5, following a 16-day hearing, the Supreme Court postponed making a decision.
The petitioners said that since the Constituent Assembly’s powers were transferred to the Jammu and Kashmir legislature following its dissolution in 1957, the Centre could not unilaterally abolish Article 370.
The apex court of India also asked the government to give Jammu and Kashmir, the status of state as soon as possible and contest the elections by September 2024.
