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    Home / News / India News / SC to decide fate of J&K's revoked special status today
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    SC to decide fate of J&K's revoked special status today
    The SC is set to announce its verdict on the validity of ending J&K's special status

    SC to decide fate of J&K's revoked special status today

    By Prateek Talukdar
    Dec 11, 2023
    10:40 am

    What's the story

    The Supreme Court on Monday is set to announce its verdict on the validity of Article 370's abrogation ending Jammu and Kashmir (J&K)'s special status.

    The five-judge Constitution bench led by Chief Justice (CJI) DY Chandrachud will declare the verdict after multiple petitions challenged the Centre's move four years ago.

    Prohibitory measures under CrPC Section 144 have been imposed in the union territory. The police have issued a circular against sharing online content which may disrupt law and order.

    Context

    Why does this story matter?

    The Bharatiya Janata Party (BJP) at the Centre in August 2019 revoked Article 370, which granted a special status to the erstwhile state of J&K.

    After the abrogation, the erstwhile state was divided into the union territories of J&K and Ladakh while it was under the president's rule.

    Petitioners claim that Article 370 cannot be scrapped unilaterally by the Centre, as the powers of the Constituent Assembly were given to the Jammu and Kashmir legislature after it dissolved in 1957.

    Hearing

    Imposition of governor's rule, president's rule challenged

    The apex court reserved its verdict on September 5 after hearing the matter for 16 days since August 2.

    The bench also comprises Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant.

    The imposition of the governor's rule in June 2018, the president's rule in December 2018, and its extension in July 2019 were challenged during the hearings.

    Article 370 allowed the former state to have its constitution and separate flag while limiting the Centre's interference.

    Details

    Abrogation allowed development, better security: Centre

    The Centre argues that the abrogation and reorganization of the erstwhile state were within the legal framework and that integrating Jammu and Kashmir has reduced terrorism and created equal opportunities.

    They also believe that Article 370 denied the people of J&K many fundamental rights, including the right to education.

    Except for defense, foreign affairs, finance, and communications, the special status mandated the Centre to get approval from the state government to enforce laws.

    What Next?

    Will take legal route if verdict unfavorable: Omar Abdullah

    Former J&K Chief Minister and National Conference chief Omar Abdullah said they will maintain peace even if the verdict is unfavorable and they will continue their fight legally.

    Former CM Mehbooba Mufti's People's Democratic Party (PDP) and the Congress have expressed hope that the court will support the people.

    The PDP was in power in the former state in coalition with the BJP during 2015-18 before the latter pulled out of the alliance, setting the stage for the governor's rule.

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