SC verdict on Article 370: PDP suspends all political activities for next 7 days

Dec 11, 2023

Srinagar (Jammu and Kashmir ) [India], December 11 : The Peoples Democratic Party (PDP) has suspended all of its political activities for the next seven days.
The party said the decision has been taken to stand in solidarity with the people of Jammu and Kashmir in the wake of the Supreme Court's verdict on Article 370.
A five-judge Constitution bench of the Supreme Court on Monday 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."
"The party president, Mehbooba Mufti, was scheduled to address various worker conventions as part of her ongoing public outreach programme, and many such conventions were scheduled over the next few days. Many other political activities were also scheduled by the party. But in order to stand in solidarity with our people at this crucial juncture in the wake of the Supreme Court of India's verdict on the issue of Article 370, we have decided to cancel all our political activities for the next seven days," Syed Suhail Bukhari, PDP Chief Spokesperson, said in a statement.
The Supreme Court on Monday upheld the Union Government's decision to abrogate Article 370 of the constitution which gave special status to Jammu and Kashmir and said that every decision taken by the Centre on behalf of a State can't be subject to a legal challenge.
A five-judge Constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant delivered the verdict.
CJI Chandrachud reading out the judgement said that every decision taken by the Centre on behalf of a State under proclamation can't be subject to a legal challenge and it will lead to the administration of the State to a standstill.
Supreme Court said that it has held that Article 370 was a temporary provision. "The proclamation of Maharaja stated that the Constitution of India will supersede. With this, the para of Instrument of Accession ceases to exist.... Article 370 was an interim arrangement due to war conditions in the State. Textual reading also indicates that Article 370 is a temporary provision," the Court said.
The Court also noted that Article 370 was meant for the constitutional integration of Jammu and Kashmir with the Union and it was not for disintegration and the President can declare that Article 370 ceases to exist.
"Concurrence of the State government was not required to apply all provisions of the Constitution using Article 370(1)(d). So, the President of India taking the concurrence of the Union government was not malafide," the Court noted.
The Supreme Court also directed the Election Commission to hold Jammu and Kashmir Assembly elections by September 30, 2024. The Supreme Court said in view of Centre's submission on restoration of statehood of Jammu and Kashmir, it directs that statehood shall be restored as soon as possible.