Supreme Court's verdict expected today on Article 370 Abrogation

The Supreme Court's Constitution bench is poised to deliver its judgment on a set of petitions challenging the abrogation of Article 370 and the bifurcation of the former state of Jammu and Kashmir into two Union territories on Monday, December 11.

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Comprising a five-judge constitution bench, including Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, the verdict is scheduled for today.

After a 16-day hearing, the apex court had reserved its judgment on September 5.

The central government, represented by Attorney General R Venkataramani and Solicitor General Tushar Mehta, defended the decision to revoke Article 370, asserting the absence of "constitutional fraud" in dismantling the provision that granted special status to Jammu and Kashmir.

The Centre emphasized that Jammu and Kashmir's accession to India through instruments of accession was not unique, highlighting that many other princely states had joined India post-independence with conditions. It argued that, post-merger, their sovereignty became part of India's sovereignty.

Furthermore, the Centre clarified that Jammu and Kashmir's status as a Union Territory is temporary, and it will eventually be restored to statehood, while Ladakh will remain a Union Territory.

Senior advocate Kapil Sibal, representing the petitioners, argued that Article 370 had ceased to be a "temporary provision" and had assumed permanence after the dissolution of the Constituent Assembly of Jammu and Kashmir.

He contended that Parliament lacked the authority to declare itself the legislature of J-K for the abrogation of Article 370, as Article 354 of the Constitution did not authorize such a power exercise.

The Jammu and Kashmir High Court Bar Association informed the Supreme Court that, upon accession to India, the Maharaja of Jammu and Kashmir retained sovereignty over the state's territory, except for defence, external affairs, and communication.

Since the abrogation of Article 370 in 2019, the Central government argued that the region has experienced an unprecedented era of peace, progress, and prosperity, with street violence orchestrated by terrorists and secessionist networks becoming a thing of the past.

Life in Jammu and Kashmir has returned to normalcy after three decades of turmoil, the Centre stated in its affidavit to the Supreme Court.

The Constitution Bench heard various petitions challenging the abrogation of Article 370 and the creation of two Union Territories, filed by private individuals, lawyers, activists, politicians, and political parties. The Jammu and Kashmir Reorganisation Act, 2019, which divides Jammu and Kashmir into Jammu and Kashmir and Ladakh, was a focal point in these legal challenges.

On August 5, 2019, the Central government announced the revocation of Jammu and Kashmir's special status granted under Article 370, subsequently splitting the region into two union territories.

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