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.
"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," CJI DY Chandrachud said while reading out the verdict.
Watch the pronouncement of the verdict here.
In its verdict, the apex court also directed that steps shall be taken by the Election Commission of India to conduct elections to the J&K assembly by 30 September, 2024 and that restoration of statehood shall take place as soon as possible.
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 And in any case it was withdrawn in October 2019.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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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.
"Supreme Court also accepted that it is not right to challenge the announcements of Governor's rule and President's rule. When the temporary provision was made, the question arose that if it is temporary then how will it be removed? So a provision was inserted inside Article 373 that the President can amend Section 370, ban it and can also take it completely out of the Constitution."Home Minister Amit Shah
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.
'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..."
'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."