Supreme Court upholds removal of Special Status for Jammu & Kashmir under Article 370

Supreme Court upholds removal of Special Status for Jammu & Kashmir under Article 370

The court ordered for elections in Jammu & Kashmir by September 30, 2024...

 
Supreme Court

The discussion for converting J&K into Union Territory is open for the Parliament 

Constitutional order refers to a decision or rule based on the constitution of a country. Article 370 was a special provision in the Indian Constitution that granted autonomy to the region of Jammu and Kashmir. The court has upheld the decision to remove this special status. A group of five judges from the Supreme Court of India heard this case. There were 23 different requests or appeals presented to the court regarding this matter. Chief Justice of India (CJI) DY Chandrachud is the head judge in this case. The court decided to delay announcing its decision after hearing arguments on September 5, 2023. Other Judges on the Bench are Justices S K Kaul, Sanjeev Khanna, B R Gavai, and Surya Kant were the other judges on the bench.

The court ultimately declared that the decision to revoke Article 370 and alter the status of Jammu and Kashmir was valid according to the constitution. In simple terms, the court, led by Chief Justice DY Chandrachud, decided that the move to remove the special status of Jammu and Kashmir by revoking Article 370 was in accordance with the constitution of India.

The government wants to give Jammu and Kashmir its statehood back soon, and the court didn't decide if turning it into Union Territories was okay. But it said making Ladakh a Union Territory is fine. The court told the Election Commission of India to organize elections for Jammu and Kashmir's Legislative Assembly by September 30, 2024. 

Justice S.K. Kaul suggested creating a fair Truth and Reconciliation Commission to look into human rights violations by both the government and other groups since the 1980s. This commission will recommend ways to bring people together, and it has to do this within a specific timeframe. The discussion is open regarding the Parliament's authority to convert a state into a Union Territory.

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