“Historic day for India”: BJP’s NV Subash on SC’s decision to uphold abrogation of Article 370

Hyderabad (Telangana) [India], December 11 (ANI): Bharatiya Janata Party (BJP) spokesperson NV Subhash on Monday called the Supreme Court’s verdict that upheld the Union Government’s decision to abrogate Article 370 of the Constitution a “historic day for India”.

“Prime Minister Narendra Modi ji has done a historic work of including Jammu and Kashmir in the main ideology of the country for which crores of people express their gratitude to Modi ji. The verdict of the Supreme Court is not just a legal judgement, it’s a hope, and a promise to build a strong and united India,” the BJP spokesperson said.

“The Supreme Court has opined that there was no mala fide intention behind PM Modi government’s decision, process and order to abrogate the articles 370 and 35A. Every decision of PM Modi is a commitment to protect and secure the sovereignty of India”, he added.

Hitting out at the opposition, Subash said that SC’s judgement was a slap on the face of opposition leaders who had opposed the decision.

“After three decades of turmoil in Jammu and Kashmir, people are leading a normal life and all-round development is seen in the valley. This judgement is a slap on the face of opposition leaders who had opposed the decision,” he said.

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.