Supreme Court approves Central Government’s decision, SC says it is right to remove Article 370

The five-judge Constitution bench of the Supreme Court has given its verdict on the petitions challenging the removal of Article 370. CJI Chandrachud said that Jammu and Kashmir is an integral part of India. He said that it is not appropriate to question the Centre’s decision.

The CJI said that every decision taken by the Center on behalf of the state is not subject to challenge. This will create anarchy and uncertainty and the administration of the state will come to a standstill.

Jammu and Kashmir is an integral part – CJI

In the Article 370 case, the Supreme Court said that Article 370 was for constitutional integration with the Union of Jammu and Kashmir and it was not for dissolution and the President can declare that Article 370 has ceased to exist.

Removal of Article 370 is constitutionally correct – CJI

On Article 370, Supreme Court Chief Justice DY Chandrachud said that the decision to remove Article 370 will remain intact. He said that removing Article 370 is constitutionally correct. The President has the authority to take decisions.

Supreme Court’s decision on Article 370

A five-judge Constitution bench comprising Chief Justice DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, BR Gavai and Justice Surya Kant upheld the Central Government’s decision to abrogate Article 370.

The CJI said that the decision taken by the President is valid. All the provisions of the Indian Constitution can be applied to Jammu and Kashmir. The CJI said that the recommendation of the Constituent Assembly of Jammu and Kashmir is not binding on the President of India. CJI said that we direct that statehood should be restored in the Union Territory of Jammu and Kashmir as soon as possible. The CJI said that we direct that the Election Commission should take steps to conduct elections to the Jammu and Kashmir Assembly by September 30, 2024. The CJI said that it is not necessary for the President to issue any order on Article 370 only on the recommendation of the Jammu and Kashmir Constituent Assembly. The Supreme Court said that the power of the President to issue notification of abolition of Article 370 continues even after the dissolution of the Jammu and Kashmir Constituent Assembly.