• UGI USER
  • Dec 11, 2023
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Abrogation of Article 370 of Constitution valid: Supreme Court

News

  • The Supreme Court has affirmed the legality of the Center’s decision to repeal Article 370 of the Indian Constitution, which gave the former state of Jammu and Kashmir special status.
  • Earlier in 2019, the Center abolished Article 370 and divided the state into Jammu and Kashmir and Ladakh, two Union Territories.
  • A number of petitions contesting the Center’s decision to repeal Article 370 four years ago prompted the five-judge Constitution bench, chaired by Chief Justice DY Chandrachud, to render a decision.

Judgement:

  • Supreme Court ruled that there was no malice in the President’s order to revoke Article 370 because it was only intended to be a temporary measure for certain purposes.
  • It ruled that Jammu and Kashmir lost its sovereignty when it became a part of India.
  • The Supreme Court also clarified in the judgement that Jammu and Kashmir has no internal sovereignty that distinguishes it from other states.
Article 370 of Indian Constitution

● The Indian Constitution included a clause known as Article 370 that gave the state of Jammu and Kashmir extra autonomy and rights.

● With the exception of foreign policy, defense, and communications, it gave the state permission to have its own constitution, flag, and degree of autonomy over most issues.

● In 2019, this article was repealed, removing Jammu and Kashmir’s special status and fully integrating it into the Indian Union.