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BIG STORY DECEMBER 22, 2023 | The Indian Eye 4

ARTICLE 370 IN J&K

HISTORIC

MOMENT

As the Supreme Court upholds the abrogation of Article 370 of the Constitution,
the government of PM Narendra Modi begins the process reservation and reorganization

in the state. A new, positive chapter is about to begin in Jammu & Kashmir

OUR BUREAU
New Delhi/Srinagar
he controversy has been put
to rest forever. And now there
Tis no dispute over the status
of Jammu & Kashmir in the Indian
union. The status of Ladakh too has
been settled.
In a landmark judgment on
Monday, a five-judge Constitution
bench of the Supreme Court unan-
imously upheld the validity of the
Union government’s 2019 decision
to abrogate Article 370 of the Con-
stitution, which conferred the special
status of Jammu and Kashmir, while
pointing out that Article 370 was a
“temporary provision.”
The bench comprising Chief
Justice of India DY Chandrachud,
Justices Sanjay Kishan Kaul, Sanjiv
Khanna, BR Gavai, and Surya Kant
said, “It can be garnered from the his-
torical context for the inclusion of Ar-
ticle 370 and the placement of Article
370 in Part XXI of the Constitution
that it is a temporary provision.”
The apex court said Article 370 Kashmiri Pandits celebrate after the Supreme Court upheld the Centre’s decision to abrogate Article 370 of the Constitution
was enacted due to wartime condi-
tions in the State and was meant to outside the court in New Delhi (ANI Photo/ Mohd. Zakir)
serve a transitional purpose. “We
have held that a textual reading of Ar- and a reading of Articles 370 and 1 by and Kashmir. The top court held that that the Indian Constitution would
ticle 370 also indicates that it is a tem- which the State became an integral the State of Jammu and Kashmir did prevail over all other laws in the state.
porary provision. For this purpose, we part of India upon the adoption of the not retain an element of sovereignty It added, “The Proclamation reflects
have referred to the placement of the Constitution,” the top court said. when it joined the Union of India. the full and final surrender of sov-
provision in Part XXI of the Constitu- The petitioners, challenging the The apex court said that although ereignty by Jammu and Kashmir,
tion which deals with temporary and abrogation of Article 370, had said Maharaja Hari Singh, the erstwhile through its sovereign ruler, to India--
transitional provisions, the margin- that Article 370 was no longer a “tem- ruler of the princely state, issued a to her people who are sovereign.”
al note of the provision which states porary provision” and it had assumed proclamation that he would retain In another major development
“temporary provisions with respect permanence post the dissolution of his sovereignty, his successor Karan on Monday, the Rajya Sabha unan-
to the State of Jammu and Kashmir”, the Constituent Assembly of Jammu Singh issued another proclamation Continued on next page... >>

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