Supreme Court’s Marathon Hearing on Article 370 Ends, Verdict Before Dec | BOOM
The Supreme Court is set to announce its verdict on the constitutional validity of the Centre’s decision to revoke Article 370, which granted special status to Jammu and Kashmir. The case, involving 23 petitions challenging the government’s action, has undergone extensive review by a five-judge Constitution bench led by Chief Justice DY Chandrachud. After 16 days of hearings and arguments from both sides, the court reserved its judgment on September 5.
The Centre’s position contends that the dissolution of the Jammu and Kashmir Constituent Assembly automatically led to the creation of the Legislative Assembly, empowering the Centre to act with Parliament’s consent during periods of President’s rule. They assert that this process adheres to the Constitution and does not violate the federal structure.
On the contrary, petitioners argue that the Centre arbitrarily ignored the state’s rights and constitutionally mandated Legislative Assembly. They claim that dividing the state without obtaining consent from the people through their elected representatives undermines the region’s autonomy and fundamental principles of Centre-State relations. The petitioners also emphasize a four-year deprivation of representation in both the Legislative Assembly and Lok Sabha, characterizing it as a threat to democracy in the region. The Supreme Court’s forthcoming decision holds significant implications for the constitutional validity of Article 370’s abrogation and the principles of federalism.
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