Srinagar (Jammu and Kashmir) [India], December 11: Peoples Conference (PC) Chief Sajad Lone on Monday said that the Supreme Court verdict on the pleas challenging the abrogation of the provisions of Article 370 of the Constitution is “disappointing” and justice has yet again “eluded” the people of Jammu and Kashmir.
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.
He said Article 370 may have been legally obliterated, but will always remain a part of our political aspirations.
“The Supreme Court verdict on Article 370 is disappointing. Justice yet again eludes the people of J-K. Article 370 may have been legally obliterated but will always remain a part of our political aspirations,” Lone posted on X (Formerly Twitter).
In the case of statehood, Lone said, “the Supreme Court ‘sidestepped even commenting on it, thus protecting the entire country from any future misuse, by citing precedence’.”
“Yet the same misuse was subtly endorsed in J-K. Let us hope at a future date Justice wakes up from its slumber of pretence,” he added.
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 the 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.