Sunday, 10 December 2023

WATCH: Security upped across Jammu and Kashmir ahead of SC's verdict on scrapping of Article 370

Security has been amped up in Srinagar and most parts of Jammu and Kashmir ahead of the Supreme Court’s verdict on abrogation of Article 370 in the Union Territory.

The apex court is scheduled to pronounce Monday its verdict on a batch of petitions challenging the abrogation of Article 370 in Jammu and Kashmir.

A five-judge Constitution bench headed by Chief Justice of India (CJI) DY Chandrachud will decide whether the decision taken by the Centre on 5 August, 2019, to abrogate the provisions of Article 370 of the Constitution which conferred special status on the erstwhile state of Jammu and Kashmir was constitutionally valid.

The verdict in the matter was reserved by the top court on 5 September this year after it held 16 days of marathon hearing in August after hiatus of over three years with its last listing dating back to March 2020 when another five-judge bench had declined to refer the matter to a larger bench.

Vehicles were checked, more security personnel were deployed, several check points have been placed in Jammu, Srinagar and Shopian ahead of the Supreme Court’s vedict of Article 370 in Jammu and Kashmir.

Visuals from Jammu

Visuals from Shopian

Visuals from Srinagar

'Verdict will be in favour of people'

BJP leader Priya Sethi said, "I think the (Supreme Court) verdict (on abrogation of Article 370 from Jammu and Kashmir) will be in favour of the people."

"We are confident and hopeful. People are praying that the Supreme Court will safeguard the identity, culture, demography and history of Jammu and Kashmir," said Sunil Dimple, President of Mission Statehood Jammu and Kashmir.

"I am confident that the Constitutional (Supreme) court will not bring the Article (370) that violates the Constitution," said activist Amit Raina.

"People are expecting a lot from the Supreme Court and we believe that the SC will rightly uphold the Constitution and the sentiments of the people... Elections have not been held for the last five and a half years... People demand early elections and restoration of statehood... We can only comment after the judgement comes," said Congress Leader Ravinder Sharma.

"We are hopeful that the Supreme Court will (protect the people of Jammu and Kashmir) because this decision will not just affect Jammu and Kashmir but the posterity of the country. It will have a great impact on the political landscape of the entire nation," said petitioner and lawyer Muzaffar Iqbal Khan.

"We are hopeful that the Supreme Court will take the right decision and uphold the Constitution of the country," said Awami National Conference leader Muzzafar Shah.

Article 370 abrogation

On 5 August, 2019, Union Home Minister Amit Shah announced in the Rajya Sabha that the Union Government had scrapped the special status granted to the state of Jammu and Kashmir (J&K) by modifying Article 370 of the Constitution.

On the same day, the Rajya Sabha also passed the Jammu and Kashmir Reorganisation Bill, which proposes the bifurcation of the state into two union territories - Jammu-Kashmir and Ladakh.

The manoeuvre by the Centre came after the Presidential Order signed by the (then) President Ram Nath Kovind on 5 August, 2019, added a new two-line sub-clause to a different provision of the Constitution - Article 367.

The genesis of Article 370 can be traced back to 1947, the time of the Partition of undivided India when the ruler of the princely state of Jammu and Kashmir, Maharaja Hari Singh, initially chose to remain independent. However, following a tribal invasion of Pakistan, he acceded to India conditionally, which became the foundation of the formation of Article 370 of the Constitution.

What Article 370 said?

Article 370 gave the state of Jammu and Kashmir a unique status, distinguishing it from other states of India.

It granted significant autonomy to the state of Jammu and Kashmir, allowing it to have its own Constitution, a separate flag, and sovereignty in all matters excluding defence, foreign affairs, and communications.

The first clause of Article 370 says two things - first, it gives the Parliament the power to make laws for Jammu & Kashmir only limited to defence, foreign affairs, and communication. Second, it states that the President may have the power with the concurrence of the state government to amend various provisions of the Constitution that affect Jammu and Kashmir.

It is worth mentioning that Article 370 was introduced into the Constitution only as a temporary measure. The Article itself refers to these laws as - Temporary provisions with respect to the State of Jammu and Kashmir.

Also, Clause 3 of Article 370 gives the President the power to declare that Article 370 will cease to operate completely, or to a limited extent, provided that such a move has been recommended by the Constituent Assembly of the State.

Through the Presidential Order of 5 August, 2019, the Centre added a new sub-clause to Article 367 (which deals with certain rules on how the Constitution is to be read and interpreted), which said under Clause 3 of Article 370, the expression ‘Constituent Assembly of the State’ shall be read as ‘Legislative Assembly of the State’.

With inputs from agencies



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