Rights of poor, deprived restored after abrogation of Article 370: Amit Shah on SC's decision to uphold abrogation of Article 370

Dec 11, 2023

New Delhi [India], December 11 : Union Home Minister Amit Shah on Monday welcomed the Supreme Court of India's verdict upholding the decision to abolish Article 370 from Jammu and Kashmir, saying "verdict has proved that the decision was completely constitutional" and that "rights of the poor and deprived have been restored" after the historic decision taken in 2019.
Shah took to 'X', to express his views on Prime Minister Narendra Modi's August 5, 2019, visionary decision to abrogate Article 370 from Jammu and Kashmir, which returned peace and normalcy to the erstwhile state and growth as well as development have brought new meaning to human life in the valley once torn by violence.
"I welcome the Supreme Court of India's verdict upholding the decision to abolish Article 370. On August 5, 2019, PM Narendra Modi took a visionary decision to abrogate Article 370. Since then, peace and normalcy have returned to J&K. Growth and development have brought new meaning to human life in the valley once torn by violence. Prosperity in the tourism and agriculture sectors has raised the income levels of the residents of both Jammu, Kashmir and Ladakh," Shah posted on 'X'.
"Today, the Supreme Court's verdict has proved that the decision to abrogate Article 370 was completely constitutional," the post read further.
In another post, the Home Minister said the rights of the poor and deprived have been restored, and separatism and stone pelting are now things of the past after the abrogation of Article 370.
"The entire region now echoes with melodious music and cultural tourism. The bonds of unity have strengthened, and integrity with Bharat stands reinforced. It is once again the Jammu, Kashmir, and Ladakh that have always belonged to our nation and will continue to be so," said the Union Home Minister.
"Under the leadership of PM Narendra Modi, our government is committed to establishing lasting peace in J&K and Ladakh and the all-round development of the region. Whether it is boosting the local economy with new incentives, building state-of-the-art educational infrastructure, or empowering the poor with welfare benefits, we will continue to exert all our might for the region," he added.
Shah's remarks came soon after the Supreme Court announced on Monday to uphold the Union Government's decision to abrogate Article 370 of the constitution, which gave special status to Jammu and Kashmir and said that every decision taken by the Centre on behalf of a State can't be subject to a legal challenge.
A five-judge Constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant delivered the verdict.
CJI Chandrachud reading out the judgement said that every decision taken by the Centre on behalf of a State under proclamation can't be subject to a legal challenge and it will lead to the administration of the State to a standstill.
The Supreme Court said that it has held that Article 370 was a temporary provision.
The proclamation of Maharaja stated that the Constitution of India would supersede. With this, the para of the Instrument of Accession ceases to exist...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 Court said.
The Court also noted that Article 370 was meant for the constitutional integration of Jammu and Kashmir with the Union and not for disintegration and the President can declare that Article 370 ceases to exist.
"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 malafide," the Court noted.
The Supreme Court also directed the Election Commission to hold Jammu and Kashmir Assembly elections by September 30, 2024.
The Apex Court said that, in view of the Centre's submission on the restoration of statehood of Jammu and Kashmir, it directs that statehood shall be restored as soon as possible.
On August 5, 2019, the central government announced the revocation of the special status of Jammu and Kashmir granted under Article 370 and split the region into two union territories.