Live Update on SC Verdict:
CJI Clarifies Temporary Status of J&K UT, Court Directs Statehood Restoration and Elections by September 2024
The Chief Justice discusses the transformation of the earlier state of Jammu and Kashmir into two Union Territories, Jammu and Kashmir, and Ladakh, following the Article 370 revocation.
Considering the government’s assertion that the Union Territory status is temporary, the court deems it unnecessary to rule on the validity of this reorganization. But, it upholds Ladakh’s status as a Union Territory. Additionally, the Supreme Court mandates the prompt restoration of statehood to Jammu and Kashmir, with the Election Commission of India directed to conduct legislative assembly elections by September 30, 2024.
Live Update on SC Verdict: CJI Chandrachud Affirms Article 370 as a Temporary Provision
CJI Chandrachud emphaises that Article 370 is a temporary provision, contextualizing its inclusion in the historical narrative. He explains that it served as an interim arrangement until the formation of the Jammu and Kashmir Constituent Assembly, which could then ratify the Indian Constitution. Also, it addressed the exigencies of the war-like situation prevailing in the state.
During the live explanation of the Supreme Court verdict on the abrogation of Article 370, Justice Kaul suggests the formation of a Truth and Reconciliation Commission. This commission would investigate reported human rights violations by both state and non-state actors in Jammu and Kashmir, emphasizing a dialogue-based approach rather than functioning as a criminal court.
Similar commissions have been instituted in various countries across Latin America, Africa, and elsewhere following periods of internal conflict. Their purpose is to investigate allegations of human rights abuses and contribute to restoring peace between communities through the dispensation of justice.
Justice Kaul Commences Reading Concurring Opinion, Emphasizes “The People of Kashmir”. Justice Sanjay Kaul, in alignment with the Chief Justice’s conclusions, asserts that the Jammu and Kashmir Constitution aimed at facilitating day-to-day governance in the state, while Article 370 was intended to integrate the state with India.
In a more personal note, Justice Kaul appends a ‘sentimental’ epilogue to his opinion, underscoring the historical weight carried by the valley of Kashmir. He mentioned that the people of Jammu and Kashmir are central to the ongoing debate, criticizing the use of the military for maintaining law and order, stating that the consequences have been borne heavily by men, women, and children.
Omar Abdullah Questions L-G’s Statement on House Arrests Ahead of SC Verdict
Before the Supreme Court’s verdict on Article 370, senior political leaders, including former chief ministers Mehbooba Mufti and Omar Abdullah, were reportedly placed under house arrest. In response to Lieutenant Governor Manoj Sinha’s denial of such actions,
Omar Abdullah shared images of chains around his house’s gate, questioning the honesty behind the statement and urging clarity on the role of the police in the situation.