December 12, 2023
4 mins read

SC upholds abrogation of Article 370

A five-judge Constitution bench of the Supreme Court unanimously upheld the validity of the Union government’s 2019 decision to abrogate Article 370 of the Constitution…reports Asian Lite News

The Supreme Court on Monday said Article 370 of the Constitution was only temporary. The decision by Supreme Court implies that Article 370 cannot be restored in Jammu and Kashmir.

A five-judge Constitution bench of the Supreme Court unanimously upheld the validity of the Union government’s 2019 decision to abrogate Article 370 of the Constitution which conferred the special status of Jammu and Kashmir, while pointing out that Article 370 is a “temporary provision”.

A five-judge Constitution 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 historical context for the inclusion of Article 370 and the placement of Article 370 in Part XXI of the Constitution that it is a temporary provision.”

Meanwhile, on Supreme Court constitutionally validating the removal of Article 370, Group Captain Mahesh Upasani (Retd) said, “The nation welcomes the Supreme Court’s decision on Article 370’s abrogation. The abrogation itself was a death knell for the separatists and today’s decision of Supreme Court is a historic decision on a historic initiative of Modi Government. I construe it as a tribute to those who have laid down their lives in protecting the unity of a country and also J&K especially…”

Furthermore, Senior advocate and Rajya Sabha MP Mahesh Jethmalani termed it as “historic decision.”

“It’s a historic decision. The whole country should be very happy. It marks the Supreme Court has given its imprimatur, its seal on the complete integration of Jammu and Kashmir with the country and they’ve upheld even the reorganization aspect part of it. They’ve recognized the validity of Ladakh being a separate Union territory,” he added.

YSRCP MP V Vijayasai Reddy said that the mistakes that Nehru ji and Indira ji committed insofar as Kashmir is concerned, that can never be forgotten in the annals of Indian history.

“The mistakes that Nehru ji and Indira ji committed insofar as Kashmir is concerned, that can never be forgotten in the annals of Indian history. The problems faced by Kashmiris till Article 370 was abrogated, are also because of Congress’ misdeeds and misrule. Now that Article 370 has been abrogated, the blunders that Nehru ji and Indira ji committed have to be undone. So, the present government has to undo the blunders committed by Nehru family who I have described as ‘pseudo secularists’…Now that the BJP has taken appropriate measures in abrogating Article 370, the issues would be sorted out and peace would prevail in Kashmir…Opposition walked out because they were not in a position to respond to the issues that had been raised by the treasury benches and the Home Minister…They walked out on flimsy grounds,” he added.

Meanwhile, Shiv Sena (UBT) MP Sanjay Raut reminded PM Modi that he had given a guarantee in 2014 that Kashmiri Pandits would be rehabilitated back at their home in the Valley.

“This is a very important verdict. PM Modi had given a guarantee in 2014 that Kashmiri Pandits would be rehabilitated back at their home in the Valley. That the Kashmiri Pandits would be rehabilitated in 2024 and they would also receive their right to vote – PM Modi would have to give the guarantee. Otherwise, he should tell the country that he lied and this was just ‘jumlebaazi’ on Kashmiri Pandits. If you can bring PoK to India by 2024, do it and our dreams for ‘Akhand Hindustan’ would be complete. Have elections in J-K in 2024,” he said.

During Union Home Minister Amit Shah’s reply to the discussion on J-K Reservation (Amendment) Bill, 2023 and J-K Reorganisation (Amendment) Bill, 2023, the Opposition’s walkout from Rajya Sabha on which JMM MP Mahua Maji said that some words were objectionable.

“They were very insulting. So, it was decided to walk out. The address was very one-sided. Attempts were being made by the current government to take all credit. It seemed as if the previous governments did nothing in all these years,” she added.

Congress MP Rajiv Shukla said that Opposition MPs walked out because when there was a discussion going on J-K’s issue, he (Amit Shah) constantly kept saying ‘Ghamandiya gathbandhan.’

“Our LoP stood up and asked him to speak on Kashmir’s issue, and why he had so many issues with the INDIA alliance,” he added.

Congress MP Pramod Tiwari said that there was no reply, it was “gaalion ki bauchhar”.

“The one who is no more in this world was also abused. We walked out as ‘ghamandiya’ term kept being used even when the entire House raised an objection. But he didn’t withdraw the remark as he was drunk in arrogance. So, we thought it better to boycott the House and not listen to abuses,” he added.

Shiv Sena (UBT) MP Priyanka Chaturvedi said, “Whenever we were diverting from J&K’s issue, we were getting reminders from the Chairman not to divert away from the topic but when Union HM in his reply, diverted from J&K’s issue and started speaking on Dheeraj Sahu and his corruption, we decided to walk out from the Parliament…” (ANI)

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