ANI |
Updated: Dec 11, 2023 23:22 IST
The Maharashtra Chief Minister said that it was the wish of Hinduhridaysamrat Balasaheb Thackeray to abrogate the article of the Constitution which gave special status to Jammu and Kashmir.
“Today is the historically significant day for India’s integration. The decision taken by Hon Prime Minister Shri Narendra Modi Ji to abrogate Article 370, gets a final nod from the Hon SC of India. I congratulate Hon Prime Minister Shri Modi Ji and Hon Home Minister Shri Amit Shah Ji for their commitment to ideology and remarkable courage to correct a historical blunder. This integration will end terrorism and bring peace and justice to Jammu & Kashmir. Today’s decision also makes a way for a free and fair election. Hinduhridaysamrat Shri Balasaheb Thackeray once said, that if he becomes the Prime Minister of India for a day he will abrogate Article 370. Hon Prime Minister Modi Ji and Home Minister Shri Amit Shah ji have made his dream into a reality today. Unfortunate that some political parties remain skeptical and fail to acknowledge this great change in India’s political history. I have no doubt that one day POK will be part of India,” Shinde wrote on social media platform, X.
Earlier in the day, 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 on the matter.
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. (ANI)
About Post Author
