Ruling proves government decision was constitutional: Amit Shah on SC's verdict

Union Home Minister Amit Shah praised the Supreme Court's decision to uphold the abrogation of Article 370 and said today's verdict has proven that the government's decision was fully constitutional.

In his post on On August 5, 2019, Prime Minister Narendra Modi Ji took a visionary decision to revoke #Article370. Since then, peace and normalcy have returned to J&K. Growth and development have given new meaning to human life in the valley that was once torn by violence. Prosperity in the tourism and agriculture sectors has increased the income level of the residents of both Jammu, Kashmir and Ladakh.”

“Today, the Supreme Court's judgment has proven that the decision to revoke #Article370 was fully constitutional,” he added.

Union Home Minister Amit Shah had presented the Jammu and Kashmir Reorganization Bill 2019 in both houses.

While presenting the bill at the time, Amit Shah had said, “Most of the members talked about a technical aspect. Some said it was India's promise, commitment etc. but no one said how Jammu and Kashmir or Ladakh are benefited from Article 370 .I want to say that Article 370 has harmed the people of Jammu and Kashmir,” Shah said while responding to the discussion on scrapping of Article 370 in Rajya Sabha.

“Thanks to Articles 370 and 35A, corruption has increased and has reached its peak. We feel pain 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, saying that any decision taken by the Center on behalf of a state is not legal can be challenged.

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.

Reading out the verdict, CJI Chandrachud said that any decision taken by the Center on behalf of a state under proclamation cannot be legally challenged and this will lead to the administration of the state coming to a standstill.

The Supreme Court said it has held that Article 370 was a temporary provision.”

Maharaja's proclamation stated that the Constitution of India will take precedence. This means that the paragraph of the Instrument of Accession will cease to exist. Article 370 was an interim arrangement due to the war conditions in the state. Reading the text also shows that Article 370 is a temporary provision,” the Court said.

The Court also observed that Article 370 was for the constitutional integration of Jammu and Kashmir into the Union and not for disintegration and the President may declare that Article 370 ceases to exist.

“The consent of the state government was not required to implement all the provisions of the Constitution using Article 370(1)(d). The President of India, therefore, taking the concurrence of the Union Government was not mala fide,” the Court observed. (ANI)

The Supreme Court also directed the Election Commission to hold elections to the Jammu and Kashmir Assembly by September 30, 2024. The Supreme Court said in view of Centre's comments on restoration of statehood to Jammu and Kashmir, it will restore statehood at the earliest. .

On August 5, 2019, the central government announced the abrogation of the special status of Jammu and Kashmir granted under Article 370 and bifurcated the region into two union territories.