Amit Shah on SC’s decision to uphold abrogation of Article 370
Union Home Minister Amit Shah speaks in the Lok Sabha during the Winter session of Parliament, in New Delhi, on 6 December, 2023. PTI File
Union Home Minister Amit Shah on Monday welcomed the Supreme Court’s decision to uphold the abrogation of Article 370, saying that Prime Minister Narendra Modi had taken a “visionary decision” to abrogate Article 370 on 5 August 2019 and the court verdict has proved that the government’s move was “completely constitutional”.
I welcome the Honorable Supreme Court of India’s verdict upholding the decision to abolish #Article370.
On the 5th of August 2019, PM @narendramodi Ji took a visionary decision to abrogate #Article370. Since then peace and normalcy have returned to J&K. Growth and development…
— Amit Shah (@AmitShah) December 11, 2023
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Taking to X, Shah said “I welcome the Supreme Court of India’s verdict upholding the decision to abolish #Article370. On the 5th of August 2019, PM Narendra Modi Ji took a visionary decision to abrogate #Article370. Since then peace and normalcy have returned to J&K. Growth and development have brought new meaning to human life in the valley once torn by violence. Prosperity in the tourism and agriculture sectors has raised the income levels of the residents of both Jammu, Kashmir and Ladakh.”
“Today, the Supreme Court’s verdict has proved that the decision to abrogate #Article370 was completely constitutional,” he added.
Union Home Minister Amit Shah had presented the Jammu and Kashmir Reorganisation Bill, 2019 in both houses.
While presenting the Bill at that time, he had said “Most members spoke on a technicality. Some said it was India’s promise, commitment etc. but no one said how Jammu and Kashmir or Ladakh is being benefited by Article 370. I want to say that Article 370 has harmed people of Jammu and Kashmir,” Shah said while responding to the discussion on scrapping Article 370 in Rajya Sabha.”
“Due to (articles) 370 and 35A, corruption increased and reached its pinnacle. We feel pain in seeing the underdeveloped status of Jammu and Kashmir. Article 370 prohibits the development of Jammu and Kashmir. This is the root of terrorism and Article 370 is anti-women, anti-Dalit and anti-development”, he added.
The Supreme Court on Monday upheld the Union Government’s decision to abrogate Article 370 of the constitution which gave special status to Jammu and Kashmir and said that every decision taken by the Centre on behalf of a state can’t be subject to a legal challenge.
A five-judge Constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant delivered the verdict.
CJI Chandrachud reading out the judgement said that every decision taken by the Centre on behalf of a State under proclamation can’t be subject to a legal challenge and it will lead to the administration of the State to a standstill.
Supreme Court said that it has held that “Article 370 was a temporary provision.”
“The proclamation of Maharaja stated that the Constitution of India will supersede. With this, the para of Instrument of Accession ceases to exist….Article 370 was an interim arrangement due to war conditions in the State. Textual reading also indicates that Article 370 is a temporary provision,” the court said.
The court also noted that Article 370 was meant for the constitutional integration of Jammu and Kashmir with the Union and it was not for disintegration and the President can declare that Article 370 ceases to exist.
“Concurrence of the State government was not required to apply all provisions of the Constitution using Article 370(1)(d). So, the President of India taking the concurrence of the Union government was not malafide,” the Court noted.
The Supreme Court also directed the Election Commission to hold Jammu and Kashmir Assembly elections by September 30, 2024. The Supreme Court said in view of Centre’s submission on restoration of statehood of Jammu and Kashmir, it directs that statehood shall be restored as soon as possible.
On August 5, 2019, the central government announced the revocation of the special status of Jammu and Kashmir granted under Article 370 and split the region into two union territories.
With inputs from agencies
