Five-judge Constitution Bench to pronounce Art 370 verdict on Monday

Security beefed up in Jammu & Kashmir

The Supreme Court is all set to pronounce its verdict on Monday on a batch of petitions challenging the Centre’s decision to make changes to Article 370 of the Constitution, which granted a special status to the erstwhile state of Jammu and Kashmir, with the regional political parties eagerly awaiting the decision amid elaborate security arrangements.

On August 5, 2019, the Centre decided to alter Article 370 and bifurcate the erstwhile state of Jammu and Kashmir into two Union Territories (UTs) of J&K and Ladakh. The Supreme Court will examine whether the changes Parliament passed on August 5 could only have been done on the recommendations of the Constituent Assembly. Currently, the Centre-appointed Lieutenant Governors run the two UTs. While J&K has a legislative assembly, Ladakh is a UT without one. No Assembly elections have taken place in J&K since 2014.

The apex court’s judgement will also impact several other decisions, including the relevance of Article 35-A, which, among other issues, restricted people other than the permanent residents of Jammu and Kashmir from buying land in the region and reserved government jobs for permanent residents. The court’s judgement will have a bearing on the Centre’s decision to give voting rights to West Pakistan refugees in J&K, the recent provision to reserve two seats for Kashmiri pandits and one seat for the displaced people from Pakistan-occupied Kashmir in the Legislative Assembly of the Union Territory. On September 5, after a 16-day hearing of petitions challenging Parliament's amending of Article 370 in August 2019, the five-judge bench of the apex court reserved its decision. The bench comprised Chief Justice of India (CJI) D Y Chandrachud, Justices S K Kaul, Sanjeev Khanna, B R Gavai, and Surya Kant.

Amid fears of fresh unrest erupting in the valley, adequate security arrangements have been made to ensure a peaceful atmosphere in Kashmir.

“We are duty-bound to ensure that peace prevails in the valley under all circumstances,” Inspector General of Police (IGP), Kashmir Zone V K Birdi told PTI.

“We are taking all precautions and will ensure that peace is not disturbed in Kashmir,” Birdi said. 

Political parties in Jammu and Kashmir are anxiously waiting for the decision. National Conference leader and former chief minister Omar Abdullah said on Sunday that his party will continue its fight to restore people’s rights through peaceful means.

“The Supreme Court has to give its verdict, let it. If we had to disturb the situation, we would have done it after 2019,” he said.

“Our fight will be peaceful and, as per the Constitution, we will take the help of the law to protect our rights and preserve our identity. What is wrong with it? Don’t we have a right to say this in a democracy? Can't we raise objections in a democracy? If others can talk, why not us?” Omar said at a party convention at Rafiabad in Baramulla district.

Mehbooba Mufti of the Peoples Democratic Party said the apex court should ensure that it does not push the Bharatiya Janata Party’s (BJP) agenda and keeps the integrity of the country and its Constitution intact.

“I think the decision should be simple that whatever was done on August 5, 2019 was illegal, unconstitutional, against Jammu and Kashmir and the promises made to the people here,”she said.

The BJP said that there should not be any politics on the Supreme Court ruling and everyone should respect it.