Supreme Court validates Presidential order nullifying Article 370, directs to conduct J&K assembly polls by Sept 2024
THE JHARKHAND STORY DESK New Delhi, Dec 11: The Supreme Court’s ruling on Monday held that Article 370, the provision granting…
THE JHARKHAND STORY DESK
New Delhi, Dec 11: The Supreme Court’s ruling on Monday held that Article 370, the provision granting special status to Jammu and Kashmir, is a provision that is temporary in nature. The apex court held that the President retains the authority to issue a notification declaring the cessation of Article 370, even after the dissolution of the Jammu and Kashmir Constituent Assembly.
The Supreme Court, in its ruling on Article 370, stated that Jammu and Kashmir no longer possesses internal sovereignty following its accession to India.
Chief Justice DY Chandrachud stated, “We hold it does not hold any internal sovereignty after accession to the Union of India”
In response to a series of appeals contesting the repeal of Article 370, the Supreme Court stated that a five-judge Constitution Bench led by Chief Justice DY Chandrachud had reached a unanimous decision.
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The Supreme Court also ordered the Election Commission (EC) to conduct elections in Jammu and Kashmir by September 30, 2024.
Chief Justice DY Chandrachud, heading a five-judge Constitution bench, emphasized that direct elections are a fundamental aspect of democracy and cannot be denied.
“We direct that steps shall be taken to conduct elections for the Legislative Assembly of Jammu and Kashmir by September 30, 2024, and statehood shall be restored as soon as possible,” the bench stated.
The most recent assembly elections in Jammu and Kashmir took place in 2014, resulting in a coalition government formed by the People’s Democratic Party (PDP) and the BJP. However, in 2018, the BJP withdrew from the alliance, leading to the collapse of the government. Subsequently, the assembly was dissolved, and Governor’s Rule was imposed.
After the Center revoked Article 370 on August 5, 2019, the former state was divided into the Union Territories (UTs) of Jammu and Kashmir, and Ladakh.
Elections at the local level have occurred in the area following the repeal of Article 370, such as the 2020 District Development Council polls and this year’s Ladakh Autonomous Hill Development Council (LAHDC)-Kargil election.
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