A JUDGMENT OF the Hon'ble Supreme Court is the law declared and is binding on all citizens of India. It is therefore entitled to the utmost respect and obedience. On December 10, 2023, a Constitution Bench of the Court delivered a unanimous judgment upholding the 'abrogation' of Article 370 of the Constitution. The Court has pronounced that the former state of Jammu & Kashmir no longer enjoyed a special status.
The Court pointed out that the provisions of the Constitution of India had been, step by step, between 1950 and 2019, extended to J&K and the 'abrogation' of Article 370 (a temporary provision) was the culmination of the process. Opinions may differ on the correctness of the conclusion, but the reasoning leading to the conclusion appears to be logical.
However, there are other aspects of the 'abrogation' of Article 370 that are disturbing: the legality of the process followed by the central government/ Parliament and its implications for 'federalism' and 'states' rights'. These aspects concern not only Jammu & Kashmir but all states of the country.
What court ruled The Court's judgment contained three main conclusions:
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