Today's day will be written in golden letters: Devendra Fadnavis on SC's decision upholding abrogation of Art 370
Dec 11, 2023
Nagpur (Maharashtra) [India], December 11 : Welcoming the Supreme Court's decision, upholding the abrogation of Article 370 in Jammu and Kashmir, Maharashtra Deputy Chief Minister Devendra Fadnavis on Monday said that today's day will be written in golden letters.
The Supreme Court earlier today 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.
"Today's day will be written in golden letters as the Supreme Court has given a decision which was taken under the leadership of Prime Minister Narendra Modi as a valid decision...and due to this order I believe that it's a new start and morning for the people of Jammu and Kashmir," he told reporters here.
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.
On August 5, 2019, the central government announced the revocation of the special status of Jammu and Kashmir granted under Article 370 and split the region into two union territories.
