Article 370 Verdict LIVE: Amit Shah Assures Restoration of J&K's Statehood in RS
The five-judge bench, presided by Chief Justice of India DY Chandrachud, reads out its judgment. Catch LIVE updates.
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Article 370 Abrogation verdict by Supreme Court (SC) LIVE Updates: A Constitutional bench of the Supreme Court on Monday, 11 December, delivered its verdict on the constitutional validity of the abrogation of Article 370 in Jammu and Kashmir, calling it a temporary provision of the Constitution and upholding its abrogation by the Narendra Modi-led Bharatiya Janata Party (BJP) government in August 2019.
Watch the pronouncement of the verdict here.
Prime Minister Narendra Modi took to X to call the judgement a "promise of a better future for the people of J&K."
Here are some key statements of the verdict as read out by CJI Chandrachud:
We have held that Article 370 is a temporary provision.
The State of Jammu and Kashmir does not have internal sovereignty different from other States.
That the State of Jammu and Kashmir became an integral part of India is evident from Articles 1 and 370 of the Constitution of India.
Whether the Presidential proclamation valid - Court need not adjudicate on this since petitioners did not challenge it. And in any case it was withdrawn in October 2019.
There are limitations on power of the Union in states when proclamation of presidential rule is in force. Exercise of power under Article 356 must have a reasonable nexus with the objective of the proclamation.
Every decision taken by Union on behalf of State during Presidential rule not open to challenge...this will lead to the administration of state to a standstill.
Argument of petitioners that Union cannot take actions of irreversible consequences in the State during Presidential rule is NOT ACCEPTED.
Argument of the petitioners can the Parliament can only make the law-making powers of the State when the Presidential rule is in force is NOT ACCEPTED.
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Artist, Ex-Judge & Others: Meet Those Challenging Article 370 Abrogation in SC
A professor. A retired member of the Air Forces. A former IAS officer. A businessman. An artist.
These are only a few of the 22 people who have challenged the Union government’s 2019 decision to abrogate Article 370 – which granted special status to Jammu and Kashmir (J&K) – at the Supreme Court of India. Their grounds for challenge are that the move was “unconstitutional” and “arbitrary”.
So, what exactly did these petitions revolve around? Who else challenged this in the top court? The Quint answers here.
'People Demand Restoration of Statehood': Congress' Ravinder Sharma
Ahead of the verdict, J&K Congress leader Ravinder Sharma told news agency ANI, "People are expecting a lot from the Supreme Court and we believe that the SC will rightly uphold the Constitution and the sentiments of the people... Elections have not been held for the last five and a half years... People demand early elections and restoration of statehood... We can only comment after the judgement comes..."
'Hopeful': Petitioner Muzaffar Iqbal
Petitioner and lawyer Muzaffar Iqbal said, "We are hopeful that the Supreme Court will (protect the people of Jammu and Kashmir) because this decision will not just affect Jammu and Kashmir but the posterity of the country. It will have a great impact on the political landscape of the entire nation."
'Article 370 Challenged Safety of the Nation': Ashwini Upadhyay
Advocate and BJP leader Ashwini Upadhyay told news agency PTI that he's is confident that the verdict will be in favour of the central government.
"The Supreme Court has understood that Article 370 was challenging the safety and integrity of the nation," he said.
'Some Battles Are Fought To be Lost': Kapil Sibal Ahead of the Judgment
Meanwhile, ahead of the verdict, Kapil Sibal, one of the counsel for petitioner posted on X that, "The right and wrong of institutional actions will be debated for years to come. History alone is the final arbiter of the moral compass of historic decisions."
PDP Leader Mehbooba Mufti Under House Arrest: Report
Mehbooba Mufti put under 'house arrest' ahead of SC verdict on Article 370, reports PTI.
'Attempt to Spread Rumours': J&K LG Manoj Sinha Refutes Mufti's House Arrest
On reports of J&K leaders put under house arrest ahead of SC verdict on abrogation of Art 370, LG Manoj Sinha says, "This is totally baseless. No one has been put under house arrest or arrested due to political reasons in J&K. It is an attempt to spread rumours," J&K LG Manoj Singh told ANI
Supreme Court Bench Starts Pronouncing Judgment
A constitutional bench of the Supreme Court starts reading its verdict on the constitutional validity of the abrogation of Article 370, which granted special status to Jammu and Kashmir.
Key Points of the Verdict
I will read out the essence. There are three judgments. One by CJI for himself for J Gavai and Surya Kant. There is a concurring opinion by Justice Kaul. Justice Sanjiv Khanna has concurred with both.
Issue. Whether Article 370 temporary. b) Whether substitution of 'constituent assembly' by legislative assembly by using 370(1)(d) valid
Whether the Presidential proclamation valid - Court need not adjudicate on this since petitioners did not challenge it. And in any case it was withdrawn in October 2019.
There are limitations on power of the Union in states when proclamation of presidential rule is in force. Exercise of power under Article 356 must have a reasonable nexus with the objective of the proclamation.
Every decision taken by Union on behalf of State during Presidential rule not open to challenge...this will lead to the administration of state to a standstill.
Argument of petitioners that Union cannot take actions of irreversible consequences in the State during Presidential rule is NOT ACCEPTED.
Argument of the petitioners can the Parliament can only make the law-making powers of the State when the Presidential rule is in force is NOT ACCEPTED.
What the Court Said on Article 370 Constitutionality
Whether Jammu and Kashmir retained an element of sovereignty or internal sovereignty when it joined the Union of India. We have held NO.
Proclamation of Maharaja stated that the Constitution of India will supersede. With this, the para of Instrument of Accession ceases to exist.
Constitutional set up did not indicate that Jammu and Kashmir retained sovereignty.
There is a clear absence in the Constitution of Jammu and Kashmir to the reference of sovereignty.
That the State of Jammu and Kashmir became an integral part of India is evident from Articles 1 and 370 of the Constitution of India.
The State of Jammu and Kashmir does not have internal sovereignty different from other States.
We have held that Article 370 is a temporary provision.
Article 370 was an interim arrangement due to war conditions in the State. Textual reading also indicate that it is a temporary provision. Marginal note says it is temporary and transitory.
Recommendation of the Constituent Assembly was not binding on the President. J&K Constituent Assembly was intended to be a temporary body.
History shows gradual process of constitutional integration was not going on. It was not as if after 70 years Constitution of India was applied in one go. It was a culmination of the integration process.
'Uphold President's Powers to be Valid': SC
"We do not find the use of Presidential power to issue CO 273 was mala fide. Thus we hold the exercise of Presidential Power to be valid," the court said.
"Principle of consultation and collaboration was not required to be followed for the exercise of Presidential power," it said.
SC Upholds Validity of J&K Reorganisation Act 2019
"SG submitted that statehood of J&K will be restored and the status of UT was temporary. In view of the submission made by the SG, we don't find it necessary to determine whether the reorginazation of J&K into UT is valid," the SC said.
"The reorganisation of Ladakh as Union Territory is upheld as Article 3 allows a portion of State to be made as UT," it added.
Conclusions of the Verdict as Read Out by CJI Chandrachud
State of J&K does not retain any element of sovereignty. It does not have internal sovereignty. Article 370 a feature of asymmetric federalism and not soveriengty.
Petitioners did not challenge Presidential Proclamation.
Exercise of Presidents' power after the proclamation are subject to judicial review.
Power of Parliament under Article 356(1) to exercise powers on behalf of State assembly is not restricted to law making powers.
Article 370 is a temporary power.
Power under Article 370(3) did not cease after the J&K Constituent assembly ceased to exist.
Article 370 cannot be amended by exercise of power under Article 370(1)(d).
Exercise of power by the President under 370(1)(d) is not mala fide. President did not have to take concurrence of State and can act on Union's concurrence.
Para 2 to CO 272 applying all provisions of Constitution to J&K is valid.
President had the power to issue notification declaring that Article 370 ceases to operate without a recommendation of the J&K Constituent Assembly. It is a culmination of integration process.
The views of the State legislature under Article 3 proviso is recommendatory. SG stated that statehood of J&K will be restored except for the carving out of the UT of Ladakh. So this issue is left upon.
'Conduct Elections in J&K By September 30, 2024': SC
"We direct that steps shall be taken by the Election Commission of India to conduct elections to the J&K assembly by September 30. Restoration of statehood shall take place as soon as possible," the Supreme Court ordered while reading out the verdict on the abrogation of Article 370.
SC Pulls Up Centre on Human Rights Violations in J&K
While reading out his concurrent judgment, Justice SK Kaul pulled up the Centre over alleged human rights violation in J&K.
"First step towards healing the wounds is the acknowledgement of the acts of violations done by the State and its actors.... truth-telling paves a way for reconciliation," Justice Kaul said.
"I recommend the setting up of an impartial Truth and Reconciliation committee to investigate and report on the violations of human rights both by the State and non-state actors at least since 1980s and recommend measures for reconciliation," he added.
'Disappointed, not Disheartened': Omar Abdullah
Former J&K CM Omar Abdullah posted on X to say that the struggle against abrogation of Article 370 will continue.
"Disappointed but not disheartened. The struggle will continue. It took the BJP decades to reach here. We are also prepared for the long haul," he said.
'No Choice But Accept the Inevitable': Maharaja Hari Singh's Son
Speaking to news agency ANI., Maharaja Hari Shingh's son Karan Singh that there is no choice but to accept the "inevitable" verdict of the Supreme Court.
"A section of people in J&K who will not be happy with this judgment, my sincere advice is that they should accept the inevitable and they should accept the fact that now this has been done and the Supreme Court has upheld the action," he said.
"Therefore, there's no point now unnecessarily hitting their head against the wall. Now my suggestion is that they should turn their energies towards fighting the next elections," he told ANI.
'Disappointed By the Verdict': Ghulam Nabi Azad
Democratic Progressive Azad Party (DPAP) President Ghulam Nabi Azad told news agency ANI that he is "disappointed by the Supreme Court verdict."
'Will Go Through the Detailed Judgment': President of Mission Statehood J&K
"We will go through the detailed judgment and then meet people (of Jammu and Kashmir) over this," Sunil Dimple, President of Mission Statehood Jammu and Kashmir, told news agency PTI on SC upholding abrogation of Article 370.
'Promise of a Brighter Future': PM Modi
Hailing the Supreme Court verdict, PM Narendra Modi posted on X to say:
"Today's Supreme Court verdict on the abrogation of Article 370 is historic and constitutionally upholds the decision taken by the Parliament of India on 5th August 2019; it is a resounding declaration of hope, progress and unity for our sisters and brothers in Jammu, Kashmir and Ladakh. The Court, in its profound wisdom, has fortified the very essence of unity that we, as Indians, hold dear and cherish above all else. I want to assure the resilient people of Jammu, Kashmir and Ladakh that our commitment to fulfilling your dreams remains unwavering. We are determined to ensure that the fruits of progress not only reach you but also extend their benefits to the most vulnerable and marginalised sections of our society who suffered due to Article 370. The verdict today is not just a legal judgment; it is a beacon of hope, a promise of a brighter future and a testament to our collective resolve to build a stronger, more united India."
BJP Chief Welcomes SC Verdict
Taking to social media platform X, BJP chief JP Nadda said: "Bharatiya Janata Party welcomes the decision given by the Honorable Supreme Court regarding Article 370. The Constitutional Bench of the Supreme Court has upheld the decision given to remove Section 370 and 35A, its process and objective. The government of Honorable Prime Minister Narendra Modi ji has done the historic work of integrating Jammu and Kashmir in the primary ideology of the country."
Shiv Sena (UBT) Welcomes Verdict
Shiv Sena (UBT) chief and former Maharashtra CM Uddhav Thackeray welcomed the SC verdict on Article 370 Abrogation.
"We welcome this decision because we supported the removal of Article 370. We hope the J&K elections will be held at the earliest. Before elections, if PoK is included, then this exercise can be held in the entire Kashmir," said Thackeray, as quoted by news agency ANI.
Sena MP Arvind Sawant said: "We welcome the decision but the things like rehabilitation of Hindus, putting an end to terrorism, making the people of J&K joining mainstream have not happened yet."
'Article 370 Brought Growth': Amit Shah
Taking to X, Union Home Minister Amit Shah hailed the SC verdict to say: "Growth and development have brought new meaning to human life in the valley once torn by violence. Prosperity in the tourism and agriculture sectors has raised the income levels of the residents of both Jammu, Kashmir and Ladakh. Today, the Supreme Court’s verdict has proved that the decision to abrogate Article 370 was completely constitutional."
'Restore Statehood at the Earliest': Congress
On SC verdict on abrogation of Art 370, Congress MPs Adhir Ranjan Chowdhury and Karti Chidambaram urged for restoration of statehood and elections to be held in J&K as soon as possible.
Asaduddin Owaisi Raises 7 Questions
AIMIM leader Asaduddin Owaisi hailed the SC verdict on Abrogation of Article 370, but said that the verdict will have far-reaching consequences.
'Fight for Dignity Will Continue': Mehbooba Mufti
PDP leader Mehbooba Mufti took to social media platform X to say that the fight for dignity of J&K will continue.
Amit Shah Moves J&K Reorganisation Bill in Rajya Sabha
Union Home Minister Amit Shah moved the Jammu and Kashmir Reservation (Amendment) Bill, 2023 and Jammu and Kashmir Reorganisation (Amendment) Bill, 2023 in the Rajya Sabha for consideration and passage. Both the bills were passed by the Lok Sabha last week.
'We Were Hoping for Justice': Omar Abdullah
In a video message posted on social media platform X, J&K national Conference leader and former CM Omar Abdullah said: "We had knocked on the doors of the Supreme Court because we were hoping for justice...We respect the Supreme Court...Our attempts will not end here. Will we approach the courts again? We will decide this after legal consultations."
'Glad The Rotten Nonsense Called Art 370 Scrapped': Subramanian Swamy
'After SC's Order, Nothing New Can Be Said: SP Chief Akhilesh Yadav
Samajwadi Party chief Akhilesh Yadav said, "...Now that the Supreme Court has given its decision today, nothing new can be said anymore. People can give their opinion on the Supreme Court but everyone agrees to it...But there are a few colleagues who might still think that the decision is not in favour of the sense with which Article 370 was implemented," as per ANI.
He continued, "..There are still a few questions related to the security of the borders, BJP will have to tell the people of the country what more concrete decision will be taken by it regarding security of the borders. Questions were raised regarding Ladakh and China had transgressed, it continues to remain stationed there and it has not stepped back..."
Amit Shah Hails SC Verdict During Rajya Sabha Debate, Oppn Stages Walkout
During a debate on the J&K Reorganisation (Amendment) Bill, 2023 in the Rajya Sabha on Monday, 11 December, Home Minister Amit Shah hailed the Supreme Court's verdict upholding the abrogation of Article 370, and reiterated that Jammu and Kashmir's statehood will be restored.
"I have myself said on record that statehood of J&K will be restored and elections will also be conducted at an appropriate time," Shah said.
Both bills being debated – J&K Reservation (Amendment) Bill, 2023 and J&K Reorganisation (Amendment) Bill, 2023 – were passed by the Rajya Sabha subsequently amid a walkout by Opposition MPs.
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Published: 11 Dec 2023,08:47 AM IST