The Court confirmed the constitutional validity of J&K’s abrogation of Article 370 last December. But recently, the Supreme Court will examine the legality of the Union Government’s 2019 decision to repeal Article 370 of the Constitution, which gave Jammu and Kashmir special status.
Instructions Given by The Supreme Court
The Election Commission was instructed by the highest court to schedule elections in Kashmir by 30th September 2024. 5th August 2019, saw the Centre revoke Article 370 of the Indian Constitution. The court confirmed the constitutional validity of J&K’s abrogation of Article 370 law in December.
The Election Commission was instructed by the apex court to schedule elections in Kashmir by 30th September 2024.
Announcing the rulings, the five-judge panel led by Chief Justice of India DY Chandrachud stated that the Supreme Court does not need to rule on the legality of proclamations because the primary issue is abrogation.
Even if it is determined that a proclamation could not be carried out, there is no evidence to suggest that the president’s rule cannot be invoked.
The court of Justices Sanjay Kishan Kaul, BR Gavai, Sanjiv Khanna, and Surya Kant, rendered the historic decision. Muzzafar Shah, the president of the J&K Awami National Conference, and Doctor Hussain, the president of the J&K People’s Movement, have submitted the review petitions.
Critical Evaluation by People Conference President
People Conference president Sajad Lone has stated that while it may have been a mistake to challenge the Supreme Court’s abrogation of Article 370, doing so would have worsened the political situation for the mainstream parties refrained from pursuing legal action, the Centre could have supported anyone to bring the matter to the highest court.
