Key takeaways from Supreme Court verdict on Article 370 abrogation

News Network
December 11, 2023

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The Supreme Court issued its decision on a slew of petitions challenging the abrogation of the Article 370 provisions on Monday (December 11, 2024).

The Supreme Court upheld the Centre's decision to abrogate Article 370, saying it lacked "mala fide" intent. Chief Justice of India D Y Chandrachud announced the decision on behalf of Justices Gavai and Surya Kant as well, stating that Article 370 of the Constitution is a provision that is temporary and that the president has the authority to revoke it.

Chief Justice D Y Chandrachud led a five-judge Constitution bench that rendered the decision. Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai, and Surya Kant were the other members of the bench.

Following a 16-day hearing, the Supreme Court reserved its decision in the case on September 5.

Here are the major takeaways from the Supreme Court’s verdict:

- CJI D Y Chandrachud said that the five-judge bench made three judgements in the matter, and all were unanimous.

- Every decision taken by Union on behalf of the State is not subject to challenge, as this would eventually lead to chaos and uncertainty and would bring the administration of the State to a standstill, CJI said.

- The Supreme Court said the argument of petitioners that the Union government cannot take actions of irreversible consequences in the State during Presidential rule is not acceptable.

- The Supreme Court says it holds that Jammu and Kashmir did not retain an element of internal sovereignty after it acceded to India.

- SC held that Jammu and Kashmir became an integral part of India as evident from Articles 1 and 370 of the Constitution of India.

- Reading out the judgment CJI said, SC holds 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 Supreme Court held that the power of the President to issue a notification that Article 370 ceases to exist subsists even after the dissolution of the J&K Constituent Assembly.

- The Supreme Court said Article 370 was meant for the constitutional integration of Jammu and Kashmir with the Union and it was not for disintegration.

- J&K does not have internal sovereignty different from other states of the country, the CJI said.

- The Constituent Assembly of J&K was never intended to be a permanent body, the CJI also said.

- The Supreme Court said the 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 mala fide.

- The SC also said that the recommendation of Constituent Assembly of J&K was not binding on the President of India.

- The SC held the president seeking concurrence of union and not state as valid, and all provisions of the Indian constitution can be applied to J&K.

- The restoration of statehood in Union Territory of J&K shall be done at the earliest, said the CJI.

- The Supreme Court upheld the reorganisation of Ladakh as a Union Territory.

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News Network
January 7,2025

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Mangaluru: A tragic road accident claimed the life of a young medical store owner on Monday, January 6, near Tiblapadavu, Natekallu, located on the outskirts of the city.

The victim, identified as 25-year-old Ausaf, was the proprietor of Hajira Medicals and the son of Jaleel, a resident of Derlakatte. 

The unfortunate incident unfolded as Ausaf was riding his bike from Derlakatte toward Tiblapadavu. Upon approaching a divider near Tiblapadavu, a lorry made a sudden turn, resulting in a collision between the motorbike and the rear of the lorry. Ausaf succumbed to his injuries on the spot.

Having completed his education a few years ago, Ausaf had taken up the responsibility of managing Hajira Medicals at Derlakatte Junction. He was well-known in his community for his dedication and service.

Authorities at the Mangaluru South Traffic Police Station have registered a case, and CCTV footage capturing the incident is under review. The tragic loss has left the local community in shock, mourning the untimely demise of a promising young entrepreneur. 

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News Network
January 1,2025

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New Delhi: In a jibe at AAP supremo Arvind Kejriwal on Wednesday, Delhi BJP chief Virendra Sachdeva urged him to give up what he said were the former CM's "deceitful and dishonest" political practices as a new year resolve.

The dig at Kejriwal comes in response to his letter to RSS head Mohan Bhagwat in which he has accused the BJP of "openly" distributing money and trying to get Puravanchali and Dalit voters deleted from Delhi's electoral rolls ahead of the assembly polls.

Sachdeva extended Kejriwal new year greetings in his letter and said since childhood we all make resolutions on New Year's day to give up bad habits and start something good and new.

The Delhi BJP president said he hoped that, on the first day of 2025, Kejriwal would strive to bring meaningful change by abandoning "dishonest and deceitful political practices".

As part of his New Year's resolution, Kejriwal should resolve to "never to swear in the name of his children", and "apologise for promoting liquor" and "making false assurances" of cleaning Yamuna, Sachdeva said.

He also said he hoped the AAP chief would stop "playing with the sentiments" of Delhi's women, elders, and religious communities by making "false promises" and will not "associate with or accept donations" from "anti-national forces" for political gains.

"May God give you the strength to walk on the path of righteousness," Sachdeva said concluding the letter.

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News Network
January 4,2025

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Eight members of the Israeli Knesset (parliament) have called upon the regime’s minister of military affairs Israel Katz to instruct the occupation army to destroy all water, food and energy sources in the Gaza Strip “to achieve the war goals.”

The letter to Katz asserted “the Israeli military’s operations were failing to achieve the political objectives set for the war”, the Israeli Haaretz daily newspaper reported. 

Despite Israel’s complete siege on the Gaza Strip and the reduction in aid being allowed into the coastal territory, the legislators said the current plans to displace north Gaza residents to the south are not being implemented “properly”.

The Knesset members urged Katz to re-examine war strategies, asserting that after besieging northern Gaza and displacing its residents, the Israeli military should destroy all energy, food and water sources in the area.

They also called for the killing of anyone who moved within northern Gaza without surrendering by waving a white flag.

The measures should not be limited to northern Gaza, they said, but extended to other regions.

They made no mention of the Israeli captives being held in Gaza, Haaretz noted.

Backed by the United States and its Western allies, Israel launched the war on Gaza on October 7, 2023, after the Palestinian resistance movement Hamas carried out Operation Al-Aqsa Flood against the Israeli regime in response to its decades-long campaign of oppression against Palestinians.

The regime’s bloody onslaught on Gaza has so far killed at least 45,658 Palestinians, mostly women and children, and injured 108,583 others. Thousands more are also missing and presumed dead under rubble.

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