New Delhi:
Was the Centre's move to scrap Article 370 of the Constitution, which gave Jammu and Kashmir its special status and bifurcated the state into two Union Territories, constitutionally valid? The Supreme Court is expected to consider the issue today.
Here are 10 points about this big story:
The verdict of a five-judge Constitution bench headed by Chief Justice of India DY Chandrachud comes in response to a slew of petitions challenging the Centre's move four years ago.
The petitioners have argued that Article 370 cannot be scrapped unilaterally by the Center as the powers of the Constituent Assembly were vested in the J&K Legislature after it was dissolved in 1957.
The top court has wondered who can recommend the abrogation of Article 370. According to the rules, a nod from the Constituent Assembly is required to scrap Article 370, which was considered temporary in the Constitution. The court also asked how the article became permanent after the Constituent Assembly was dissolved.
The Center has argued that its decisions were taken within the legal framework. It has also argued that the mainstreaming of Jammu and Kashmir has reduced terrorism and created a level playing field.
The government has argued that over the past four years it has helped put the former state on the accelerated path to development.
Article 370, it also stated, deprived the people of J&K of many fundamental rights, including the right to education. The constitutional rights that automatically apply to every Indian could not apply to residents of Jammu and Kashmir unless the state legislature gives its consent.
Conversely, Article 35A, which was scrapped along with Article 370, did not give people from other parts of the country the right to get jobs, own land and settle in Jammu and Kashmir – which is part of their fundamental rights. These were set aside as special privileges reserved only for the residents of Jammu and Kashmir.
Security in the Kashmir Valley has been strengthened in the run-up to the verdict. The BJP has said that the top court's decision should be respected.
Former Prime Minister and head of the National Conference Omar Abdullah said his party will not disturb the peace even in the event of a negative verdict. They will continue their fight in a lawful manner, he said. Mehbooba Mufti's People's Democratic Party and the Congress have expressed hope that the court will side with the people.
Article 370 was scrapped and Jammu and Kashmir parted ways in August 2019 – over a year after the PDP-BJP alliance government collapsed. It took place while the former state was under presidential rule.
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