Landmark Verdict: Supreme Court Validates the Removal of Article 370 in Jammu and Kashmir
In a momentous decision, the Supreme Court of India has upheld the abrogation of Article 370 in the region of Jammu and Kashmir. The monumental verdict comes after the court heard a series of pleas challenging the dilution of Article 370, which granted special status to the former state.
The bench, composed of Justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai, Surya Kant, gave careful consideration to the arguments presented before them. On behalf of the Centre, Attorney General R Venkataramani provided a summary of his written submissions, emphasizing the need to preserve the Constitution while also prioritizing the nation’s well-being. He aptly stated that the means employed must align with the desired ends, ensuring both processes and due processes are respected.
Solicitor General Tushar Mehta, representing the Centre, commenced the defense of the decision to abrogate Article 370. Mehta highlighted the confusion surrounding the temporary or permanent nature of Article 370 and how this ambiguity had created a psychological duality among some citizens. He argued that this uncertainty had been exploited by forces inimical to India, and the revocation of Article 370 effectively eliminated this duality.
During the proceedings, the bench raised the question of the importance of accession. While acknowledging the petitioners’ argument that sovereignty possesses internal and external aspects, the court observed that the latter had been compromised, not the former. Mehta countered this, asserting that sovereignty begins to erode with accession, and with the implementation of Article 1 of the Constitution, the only remaining sovereign entity is we the people of India. He further debunked the claim that Jammu and Kashmir was the only princely state with its own Constitution, stating that a total of 62 states had formulated their own constitutions.
Mehta contended that the abrogation of Article 370 had restored the fundamental rights of the people of Jammu and Kashmir. Post-abrogation, they now enjoy the same rights as any other citizen across the country, thus achieving the goal of equality of status during the framing of the Constitution.
This significant verdict by the Supreme Court has settled the long-standing dispute over the removal of Article 370. It brings about a transformational change in the status of Jammu and Kashmir. The decision ensures that the people of the region are integrated as equal citizens of India, realizing a sense of unity and inclusivity.
While the verdict has been hailed by many as a step toward national cohesion and development, it also ignites a debate among those concerned about the loss of the region’s autonomy. It is crucial to consider and respect all viewpoints in the aftermath of such a momentous ruling.
With this landmark verdict, India’s Supreme Court continues to play a pivotal role in shaping the nation’s legal landscape, ensuring justice, and interpreting the Constitution with due diligence.
