The Supreme Court of India is set to deliver its long-awaited verdict on the validity of the government’s decision to revoke Article 370 of the Constitution, which granted special status to Jammu and Kashmir. The landmark case, consisting of 23 petitions challenging the government’s action, has been under review by the Supreme Court for an extended period. After 16 days of hearings and persuasive arguments from both sides, the court reserved its judgment on September 5.
A five-judge Constitution bench, led by Chief Justice of India DY Chandrachud, will pronounce the verdict on Monday. The decision will have significant implications as it will determine whether the abrogation of Article 370 was carried out in accordance with the Constitution and legal principles. The bench, comprising Justices Sanjay Kishan Kaul, Sanjeev Khanna, BR Gavai, and Surya Kant, will carefully consider the arguments presented by both the petitioners and the government.
During the hearings, 18 lawyers, including prominent figures like Kapil Sibal and Gopal Subramaniam, challenged the validity of the government’s decision. They argued that the Centre had disregarded the state’s rights and the constitutionally enshrined Legislative Assembly of Jammu and Kashmir. The petitioners further claimed that the people of the region had been deprived of representation in both the Legislative Assembly and Lok Sabha for four years, which they viewed as a threat to democracy.
On the other hand, the Centre defended its actions, asserting that the dissolution of the Jammu and Kashmir Constituent Assembly automatically led to the creation of the Legislative Assembly. According to the Centre, this empowered them to take action with the consent of Parliament when the Legislative Assembly was adjourned during periods of President’s rule. They argued that their actions aligned with the Constitution and did not violate the federal structure between the central and state governments.
The verdict of the Supreme Court will bring closure to this highly significant case and will have far-reaching consequences for the region. The decision will determine the future course of action regarding the abrogation of Article 370 and its impact on the constitutional framework of Jammu and Kashmir.
