Supreme Court made a landmark ruling on Monday regarding the repeal of Article 370. In its most recent ruling, the Supreme Court addressed the Union government's 2019 attempt to amend Article 370 of the Constitution. The apex court confirmed the validity of the ruling that revoked Article 370. The special status that had been granted to the erstwhile state of Jammu & Kashmir was revoked.
The Chief Justice of India (CJI), DY Chandrachud, chaired a five-judge Constitution bench that included Justices S K Kaul, Sanjeev Khanna, B R Gavai, and Surya Kant. Following sixteen days of hearings, the bench reserved its decision on up to twenty-three petitions.
Following its accession to India, Jammu and Kashmir lost its internal sovereignty, according to CJI DY Chandrachud. According to him, there was no solid evidence that the President's 2019 directives were an unnecessary use of force or mala file (executed in poor faith).
The court ordered the Centre to arrange for the restoration of statehood and the holding of elections for the Legislative Assembly, even though it acknowledged that the former state's 2019 reorganisation into Union Territories was only a temporary measure.
In addition, Justice Kaul suggested in his unanimous decision that a Truth and Reconciliation Commission be established in J&K to recognise the claimed human rights breaches that have occurred in the area.
What is Article 370 and Article 35A?
Jammu & Kashmir was given a distinct status that set it apart from all other Indian states under Article 370 of the Indian Constitution. Except for defence, foreign affairs, communication, and currency, this article gave the Central Government minimal authority over the state. This unique policy, which has an impact on law and order, residency, and property ownership, gave J&K sovereignty over its internal affairs.
On the advice of the J&K Constituent Assembly, Article 35A, which is a part of Article 370, was added in 1954 by Presidential Order and gives the people of Kashmir unique rights and benefits. The Article gave the state government the authority to specify its definition of "permanent residents" in the state as well as their unique rights and benefits.
It made it impossible for people from outside the state to purchase real estate there or to look for permanent residence there. Additionally, it bans anyone from applying for government employment in the state who is not a state permanent resident.
Why did the repeal of Article 370 cause a stir?
A monumental choice was made on August 5, 2019, when Article 370 was revoked. It caused a great deal of controversy since it altered the administrative and legal landscape of Jammu and Kashmir (J&K). It eliminated the special status that had been accorded to J&K and Ladakh, placing them directly under the jurisdiction of the federal government and making all national laws applicable there.
This new reform was met with opposition from various segments of society and countrywide protests, as they perceived it as a challenge to their autonomy and a breach of their constitutional rights. On the other hand, the Indian government has said that it is imperative to fight terrorism, advance development, repeal laws that discriminate, and provide equal opportunities for all residents.
