The Supreme Court, led by Chief Justice DY Chandrachud, to Rule on Article 370's Abrogation, A 16-Day Hearing Culminates in Today's Verdict

Article 370 Latest News: As the nation awaits the Supreme Court's decision on a batch of petitions challenging the abrogation of Article 370, we delve into the essential details surrounding this historic legal issue.

The apex court, comprising a five-judge Constitution bench, is poised to pronounce its verdict today, December 11, after a 16-day hearing that concluded on September 5. Chief Justice D Y Chandrachud, alongside Justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai, and Surya Kant, will deliver the much-anticipated judgment.

What is Article 370?

Article 370, a 'temporary' provision drafted in 1947 by Sheikh Abdullah, granted the former state of Jammu and Kashmir a special status within the Indian Constitution. This status permitted the region to have its own constitution, a separate flag, and limited interference from the Indian government. Notably, the Union government needed the state's approval for applying laws in Jammu and Kashmir, except in matters of defence, foreign affairs, finance, and communications.

Abrogation in 2019

In a historic move in August 2019, the Narendra Modi-led BJP government abrogated Article 370, reshaping the political landscape and bifurcating Jammu and Kashmir into the Union Territories of Ladakh and J&K.

Arguments Against Abrogation

Some petitioners argued against the repeal, contending that the provision gained permanent status after the Jammu and Kashmir Constituent Assembly ended in 1957. Critics expressed concerns about the potential impact on the region's autonomy and demographic composition.

Centre's Defense

The Union government defended the abrogation, asserting that there was no "constitutional fraud" in nullifying the provision. The government highlighted the positive developments in the region, citing a reduction in militancy, stone-pelting incidents, and casualties among security personnel post the abrogation.

Apex Court Proceedings

During the hearings, prominent lawyers presented their arguments. Attorney General R Venkataramani and Solicitor General Tushar Mehta, along with senior advocates Harish Salve, Rakesh Dwivedi, and V Giri, represented the Centre. On the opposing side, senior advocates including Kapil Sibal, Gopal Subramanium, Rajeev Dhavan, Zaffar Shah, and Dushyant Dave presented the case for the petitioners.

Key Questions Before the Court

The Apex court raised pertinent questions, including the absence of a constituent Assembly in Jammu and Kashmir to recommend the revocation of Article 370. Additionally, the court pondered how a provision explicitly labeled as temporary could become permanent after the Jammu and Kashmir constituent Assembly ceased to exist in 1957.

As the nation awaits the Supreme Court's ruling, the verdict holds significant implications for the region's constitutional framework and the ongoing debate surrounding the abrogation of Article 370.

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