The Supreme Court will deliver its much-awaited verdict on Monday on the constitutional validity of the Centre's decision to abrogate Article 370 of the Constitution, which granted special status to Jammu and Kashmir.
The landmark case, which includes 23 petitions challenging the government's actions, has been under review by the Supreme Court for some time. After sixteen marathon days of hearings and persuasive arguments from both sides, the court reserved its judgment for September 5.
A five-judge Constitution Bench, headed by Chief Justice of India DY Chandrachud and comprising Justices Sanjay Kishan Kaul, Sanjeev Khanna, BR Gavai and Surya Kant, will deliver the verdict on Monday. Their decision will be of enormous significance and will determine whether the abrogation of Article 370 has been carried out in accordance with the Constitution and legal principles.
Eighteen lawyers, including Kapil Sibal, Gopal Subramaniam, Dushyant Dave and Rajiv Dhawan, presented arguments challenging the validity of the Centre's decision, while the Centre, represented by Attorney General R Venkataramani, Advocate General Tushar Mehta and other legal experts , defended his actions. as completely logical and appropriate.
Centrum's argument
The Center argued that the dissolution of the Constituent Assembly of Jammu and Kashmir automatically led to the creation of the Legislative Assembly. They argue that this allows the Center to take action with the consent of Parliament when the Legislative Assembly is suspended during periods of presidential rule.
They further asserted that this process is in accordance with the Constitution and does not violate the federal structure between the central and state governments.
The petitioners' argument
The petitioners have accused the Center of arbitrarily ignoring the rights of the state and the constitutionally enshrined Legislative Assembly.
They argued that before partitioning the state, obtaining the consent of the people, represented by their elected representatives in the Legislative Assembly, was a fundamental requirement. By bypassing this crucial step, the Center has infringed on the autonomy of the State and undermined the fundamental principles of Centre-State relations.
The petitioners further alleged that the people of Jammu and Kashmir have been “deprived of representation” in both the Legislative Assembly and Lok Sabha for four long years. This denial of their elected representatives amounts to a strangulation of democracy in the region, they argued.