Supreme Court's decision on Article 370
 
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Supreme Court's decision on Article 370

Tue 12 Dec, 2023

Context

  • Recently, a five-member Constitution bench of the Supreme Court has declared the order to abrogate Article 370 in Jammu and Kashmir as constitutionally valid.
  • Apart from this, the Constitution Bench said that Article 370 was a temporary provision.

Key Points

  • This decision was given by a five-judge Constitution bench comprising Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, BR Gavai and Justice Surya Kant.
  • The Constitution Bench had heard the matter for 16 days and had reserved its decision on September 5.
  • It may be noted that a total of 23 petitions were filed in the Supreme Court.
  • Apart from this, the Supreme Court directed the Election Commission to conduct elections in Jammu and Kashmir by September 2024.
  • The Supreme Court said that according to the Solicitor General, statehood will be given to Jammu and Kashmir as soon as possible.
  • Along with this, the Supreme Court also upheld the decision to make Ladakh a separate union territory.

Chief Justice's opinion on Jammu & Kashmir

  • The Chief Justice of the Supreme Court said that Jammu and Kashmir is an integral part of India and this is reflected in Articles 1 and 370.
  • Jammu and Kashmir is no longer a sovereign state after its merger with India.
  • The Chief Justice said that the President has the right to issue a notification to remove Article 370. The President is not bound by the recommendations of the Constituent Assembly.

Revocation of Article 370

  • It is noteworthy that on August 5, 2019, the Central Government had announced the revocation of the special status of Jammu and Kashmir under Article 370 and divided the region into two union territories.

IMPORTANT FACTS FOR EXAM

Jammu and Kashmir

  • Abolition of Article 370 :August 5, 2019
  • Lieutenant Governor:Manoj Sinha
  • Capital: Srinagar (May–October) ,Jammu (November-April)

National Park

  • Dachigam National Park
  • Hemis National Park
  • Kishtwar National Park

Ladakh

  • Union Territory :31 October 2019
  • Lieutenant Governor : BD. Mishra

Important passes of Ladakh:

  • Khardung La Pass
  • Chang La Pass
  • Zoji La Pass
  • Lachulung La Pass

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