Breaking: Supreme Court Issues Big Statement Regarding Abrogation Of Article 370
Supreme Court to hear the batch of petitions challenging the Central government’s move of abrogating Article 370, which gave a special status to the erstwhile State of Jammu & Kashmir on August 2 at 10:30am.
Supreme Court’s five-judge Constitution bench says hearing of a batch of pleas challenging the abrogation from of Article 370 from Jammu and Kashmir will start from August 2. pic.twitter.com/eTJ1oFw9SJ
— ANI (@ANI) July 11, 2023
Now, four years later, a five-judge bench headed by Chief Justice DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant will begin hearing a batch of petitions challenging the decision to abrogate Article 370 that had given special status to Jammu and Kashmir.
While the Centre has defended the move, saying in its affidavit that the decision has led to an “unprecedented era of peace in Jammu and Kashmir and Ladakh, the petitioners say the move by the Government of India was “unilateral”, and did not have the “consent of the people of (J&K)”.
Article 370 cases one of the biggest challenges facing the institution of judiciary: Sajad Lone, Stresses need for the judiciary to focus on the legal aspects of the abrogation of Article 370 rather than its perceived political or law and order implications
J&K Peoples’ Conference President Sajad Gani Lone today said that one of the biggest challenges facing the institution of judiciary is how they deal with Article 370 cases. He emphasized that the role of the apex court is not to pass judgment on whether the abrogation of Article 370 was beneficial or detrimental to J&K but the court’s duty lies in determining the legality of the abrogation.
“Per se the affidavit filed by the Central government focuses on issues post abrogation. What will eventually be discussed in the court is the legal pathway to abrogation not the so called perceived political or law and order benefits post abrogation. Whether abrogation of Article 370 is good or bad for J and K is not what the Apex court has to decide. They have to decide whether it was good or bad in law”, Lone said in a statement.
Lone further said that Article 370, in essence a form of federalism and a power-sharing arrangement, has been slandered and defamed beyond recognition. He however asserted that clamour for federalism will progressively gain momentum over time.
“Mark my words. Clamour for federalism will grow every passing day. The biggest threats facing the country today are the attacks on its federal structure—-Slow march of the central government and the trespass on to the power of the state governments. Loose Federalism is a reality and will be the most talked about political concept across the world in the coming decades”, he concluded.