Historical and Momentous decision”, say BCI, SCBA, legalexperts on SC verdict on Article 370

December 11, 2023

On the Supreme Court verdict on Article 370 on Jammu and Kashmir, the Bar Council of India (BCI), Supreme Court Bar Association (SCBA) and several legal experts including former Union Law Secretary called it a very important and “Historical and Momentous decision”.

This verdict, a testament to the judiciary’s commitment to upholding constitutional values, reinforces the decisions taken by the Parliament and bolsters the cherished essence of unity that unites all Indians. The people of India commend the Supreme Court for its unwavering dedication to safeguarding constitutional principles and ensuring the rights of the people of Jammu and Kashmir. This pivotal decision marks a significant stride towards a stronger, more united India, said BCI.

The Bar Council of India recognizes the gravity of this landmark verdict, which solidifies the legal foundation for the abrogation of Article 370 and the cessation of the special status of Jammu and Kashmir.

Dr. Adish C Aggarwala, President of the Supreme Court Bar Association has also welcomed the historic judgment delivered by the apex Court consisting of five senior Judges. The judgment will bring prosperity and development to the region.

Abrogation of Article 370 from the Constitution of India will make the people of Kashmir proud as earlier they were neglected by the people of different countries.

The Supreme Court’s direction to hold the election in the region by September 2024 will strengthen the democratic process.

I hope that the Modi government will be in a position to hold the Assembly election even before September 2024, as now there will be a total peace in the valley after this historic judgment, said SCBA President.

Meanwhile, Advocate Sumit Gehlot, who appeared in several Constitution matter also reacted to the Apex Court decision and said, the Supreme Court has rightly held that Article 370 was an interim arrangement due to war conditions in the erstwhile state and it was meant to gradually bring the erstwhile state of Jammu and Kashmir at par with other States. Jammu and Kashmir is an integral part of India, which is evident from Article 1 and its unanimous historic judgment and the Supreme Court has now its seal on the complete integration of Jammu and Kashmir with the Country.

Five judges bench led by Chief Justice DY Chandrachud has upheld the abrogation of the special status of Jammu and Kashmir under Article 370. The Supreme Court has held that Article 370 was a temporary provision and has also issued directions to hold elections in Jammu and Kashmir Assembly by 30th September 2024. The Hon’ble Supreme Court also directed that the statehood of Jammu and Kashmir should be restored at the earliest. The Supreme Court has also affirmed the power of the Parliament to carve out a Union Territory from a State, added Advocate Gehlot in his statement.

In the matter, Former Union Law Secretary PK Malhotra said, the unanimous judgement of the Constitution Bench of the Supreme Court upholding the decision of the Central Government to abrogate Article 370 of the Constitution declaring it to be a transitory provision will set at rest the controversy which has been going on more than seven decades. J-K became an integral part of India after its accession to India in 1949.

However, the Court has left an area open by not giving its ruling on the validity of the J-K Reorganisation Act, 2019. It may lead to further litigation although the Court has taken note of the statement made by the Solicitor General that Statehood will be restored to J-K, said PK Malhotra.

After the Judgement Solicitor General Tushar Mehta also said

5th August 2019 and today’s date will go down in the history of India when a Himalayan constitutional blunder of the past with gigantic proportion is ultimately corrected by the Government. It is only the iron will of our Prime Minister Narendra Modi and the resolute decisiveness and brilliant strategy of our Home Minister Amit Shah that made this historical decision possible. The nation will ever remain indebted to them…