
Amid a stormy winter session parliament, India's Supreme Court is set to deliver its verdict on the validity of the scrapping of Article 370 of the Constitution, that had given special status to Jammu andKashmir. The ruling is expected on December 11.
The Indian government on 5 August 2019 abrogated Article 370 of the Constitution and completed the reorganisation of the erstwhile state of Jammu and Kashmir into two Union Territories, namely Jammu and Kashmir, and Ladakh.
The abrogation of Article 370, the move which snipped Jammu and Kashmir's special status, triggered a protest from the opposition, which termed it a "black day" in the constitutional history of India.
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The decision, which is now a few days away, comes after the apex court heard 20 pleas' batch, which challenged the government decision.
The hearing, which began onAugust 2 with a 5-judge bench led by Chief Justice of India (CJI) DY Chandrachud, went on for a total of 16 days. The court later reserved its verdict on September 5. The judges on the bench include Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant.
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The petitions were filed through senior lawyers, including Kapil Sibal, Gopal Subramanium, Rajeev Dhavan, Dushyant Dave, and Gopal Sankaranarayanan.
The petitioners decried the government's decision claiming that it undermines India's federal structure and is a sheer misuse of power that comes with the government's majority in the lower house of the Parliament.
It also termed it a “fraud on the Constitution." Petitioners in 2020 also urged the court to transfer the case to a seven-judge Constitution Bench. However, SC did not accede to this demand.
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With the Parliament Winter Session ongoing, Home Minister Amit Shah has unleashed his political war of words against India's former PM Jawaharlal Nehru, criticising his historical policies on Kashmir. He termed it a "blunder" as he suggested that to take the Kashmir issue to the UN was a move uncalled for.
“Nehru himself wrote to Sheikh Abdullah admitting that when our army was winning, we should not have agreed to the ceasefire. He himself admitted they could have negotiated better (at the UN). PoK, which is ours anyway, would have been with us today if the right steps were taken. So much land of the country was lost. I say these were not mistakes. These were two historic blunders," the Home Minister said in Parliament.
“I support the word that was used — Nehruvian blunder. Because of the blunder that was committed during the time of Nehru, Kashmir had to suffer. With responsibility, I want to say that the two big blunders that happened during the tenure of Jawaharlal Nehru, happened due to his decisions, because of which Kashmir had to suffer for years," Shah reportedly added.
(With inputs from agencies)