By Online Desk
The Supreme Court has rejected arguments by the petitioners that no irreversible action can be taken by the Centre during President’s rule. A five-judge apex court bench is set to pronounce its verdict on pleas challenging the abrogation of provisions of Article 370 of the Constitution, which bestowed a special status on the erstwhile state of Jammu and Kashmir.
“Every decision taken by Centre on behalf of state during presidential rule can’t be challenged,” CJI Chandrachud said on Monday while reading out his judgement.
The CJI also held that Article 370 is a temporary provision.
“The power of the President under Article 370(3) to issue a notification that Article 370 ceases to exist subsists even after the dissolution of the J&K Constituent Assembly,” the top judge said, adding that the recommendation of the Constituent Assembly was not binding on the President. He added that the J&K Constituent Assembly was intended to be a temporary body.
Chief Justice of India (CJI) D Y Chandrachud at the outset said that there are three judgements by the five-judge bench on the issue. The other members of the bench are Justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai and Surya Kant.
“There are three judgments. One by CJI for himself for J Gavai and Surya Kant. There is a concurring opinion by Justice Kaul. Justice Sanjiv Khanna has concurred with both,” the CJI said.
The apex court reserved its verdict on the matter on September 5 after a 16-day hearing.
The lawyers on behalf of the various petitioners had dwelt on various issues, including the constitutional validity of the Centre’s decision to abrogate the provisions of Article 370, the validity of the Jammu and Kashmir Reorganisation Act, which split the erstwhile state into two Union territories, challenges to the imposition of the governor’s rule in Jammu and Kashmir on June 20, 2018 and the imposition of the president’s rule on December 19, 2018 and its extension on July 3, 2019.
– With PTI inputs
(This story will keep being updated)
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The Supreme Court has rejected arguments by the petitioners that no irreversible action can be taken by the Centre during President’s rule. A five-judge apex court bench is set to pronounce its verdict on pleas challenging the abrogation of provisions of Article 370 of the Constitution, which bestowed a special status on the erstwhile state of Jammu and Kashmir.
“Every decision taken by Centre on behalf of state during presidential rule can’t be challenged,” CJI Chandrachud said on Monday while reading out his judgement.
The CJI also held that Article 370 is a temporary provision.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
“The power of the President under Article 370(3) to issue a notification that Article 370 ceases to exist subsists even after the dissolution of the J&K Constituent Assembly,” the top judge said, adding that the recommendation of the Constituent Assembly was not binding on the President. He added that the J&K Constituent Assembly was intended to be a temporary body.
Chief Justice of India (CJI) D Y Chandrachud at the outset said that there are three judgements by the five-judge bench on the issue. The other members of the bench are Justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai and Surya Kant.
“There are three judgments. One by CJI for himself for J Gavai and Surya Kant. There is a concurring opinion by Justice Kaul. Justice Sanjiv Khanna has concurred with both,” the CJI said.
The apex court reserved its verdict on the matter on September 5 after a 16-day hearing.
The lawyers on behalf of the various petitioners had dwelt on various issues, including the constitutional validity of the Centre’s decision to abrogate the provisions of Article 370, the validity of the Jammu and Kashmir Reorganisation Act, which split the erstwhile state into two Union territories, challenges to the imposition of the governor’s rule in Jammu and Kashmir on June 20, 2018 and the imposition of the president’s rule on December 19, 2018 and its extension on July 3, 2019.
– With PTI inputs
(This story will keep being updated)
Follow channel on WhatsApp
