Article 370 Supreme Court’s power verdict upholding the abrogation | Explained

Article 370, There’s more excellent news for Indians. A landmark ruling was rendered by five Supreme Court justices on December 11, 2023. The government made the decision to repeal Article 370 in 2019. It was the proper decision to repeal Article 370. However, hold on over here. This conclusion was not anticipated by anyone. Due to the Supreme Court’s own rejection of the appeal to contest Article 370 in 2014.

However, why did the Supreme Court, nine years later, reject its own ruling? In any case, the Supreme Court upheld three constitutional statutes during the most recent hearing that it was unable to uphold nine years prior. Those three laws now. We will address the nature of those laws shortly.

Even stranger is the fact that the individuals who brought a lawsuit against the government in 2019 to have Article 370 removed withdrew their own identities from the proceedings four months prior to the ruling. Why? Additionally, there was a rapid shift in the attitude of the people present.

The families of terrorists from Kashmir, such as Burhanwani and Javed Mattu, assert with pride that India is a people’s country now. They are Indian-made goods. And our song on this is called India. How could there be such a radical shift? Ultimately, what is happening in Jammu and Kashmir that is causing individuals there to have extreme ideas that are altered every night? Let’s investigate this, then. Thus, a woman by the name of Vijayalakshmi Jha filed a Supreme Court challenge to Article 370 in 2014.

In an effort to contest Article 370.

That is, to initiate a case to resolve this issue and bring in 334 from Kashmir. However, the Supreme Court dismissed the case without even hearing it. The Supreme Court stated that J&K’s constitution was drafted following the 1956 Indian Constitution while dismissing this challenge. indicating that it is more recent. Furthermore, Article 370 of the Indian Constitution grants the J&K Constitution authority. And for that reason, it is entirely true.

In essence, the Supreme Court’s ruling at the time said that J&K should maintain its autonomy and retain Article 370. But now observe how, nine years later, the Supreme Court modifies its ruling. As a result, Article 370 was invalidated by the Indian government in August 2019.

At that point, a total of 23 persons appealed this ruling to the Supreme Court. They level these three principal charges against the government.

Accusation No. 1 Article 370’s onslaught will totally eradicate J&K’s freedom.

Accusation No. 2 Since Article 370 is unconstitutional, it cannot be eliminated. Finally, but certainly not least.

Accusation No. 3 It is not within the authority of the Indian Parliament to repeal Article 370. Thus, this is an illegal activity by the government.

Then the moment to make a choice arrived. After nine years, the Supreme Court reaffirmed its ruling on December 11, 2023.

The decision to revoke Article 370 was made by Chief Justice of India D.Y. Chandrachoot and his five justices. In reality, the CGI provided an intriguing response to each of the petitioners’ three accusations that had been overlooked nine years prior. First of all, they claimed that King Hari Singh of J&K made the decision to secede from India as soon as the nation was freed in 1947.

Nevertheless, Hari Singh, the King of J&K, launched an invasion of J&K when Pakistan was finally permitted to do so in 1948 after the nation was freed. Then, Hari Singh, the King of J&K, requested assistance from India and signed a contract to serve as an instrument of accession, that is, a contract to become state of India.

In support of this, the Chief Justice of India stated unequivocally that J&K had since joined India as an essential component, much like other states. Because of this, the idea of Kashmir having independent sovereignty from India is unfounded. Let’s now address the second accusation.

In response to the second charge of constitutional legitimacy, CGI has stated that the Indian merger of Jamuan Kashmir was conducted in a manner akin to a war. The locals felt safe as a result, which is why Article 370 granted them temporary special powers. Additionally, Article 370 expressly mentions this transient term. That’s the reason it can be lawfully revoked, or abolished. The third charge now questioned the authority to have Article 370 removed from the Indian Parliament.

In response, CGI stated that Jamuan Kashmir was governed by the president in 2019 as per the Indian Constitution. Furthermore, the president has complete control over all legislative and executive authority in any state where there is a presidential rule. Furthermore, the Indian president eliminated Article 370 with interim provisions under Article 356, which represents the state assembly of Jamuan Kashmir. This removal was made in accordance with the constitution and is entirely legal.

In essence, for these three reasons, the Supreme Court upheld the government’s decision.But friends, as we discussed earlier, the most surprising turn of events in this tale is that the original petitioners of the two cases that the government was challenged in the Supreme Court after Article 370 was removed did so only four months prior to the hearing’s commencement.

What had happened to them in these four months, after all? Were they being pressured by someone? Let’s comprehend. This phrase belongs to IS official Shah Faizal, who abolished Article 370 from the Indian Constitution through an entirely unlawful process. And this is Sheila Rashid, arguing that the abrogation of Article 370 is unlawful. The Constitution forbids it.

Hence, it is not hostile to Kashmiris. In the Supreme Court, these two contested the government’s action following the removal of Article 370 in 2019. However, Sheila Rashid and Shah Faizal are now applauding PM Modi for getting rid of Article 370. They say, “This is probably one of our defense mechanisms.” This is our medication.

When we were unaware that it was poisonous to us. It led to advancement and growth. Indeed, it has. A great deal of development is taking place in our state of Jammu and Kashmir. Now, didn’t this response seem a little strange now? Development alone may have shaped their opinion so strongly, after all.

Does this actually imply that Jammu and Kashmir is seeing this degree of development? Or did they provide this response in response to coercion? We have now attempted to quantify the growth of Jammu and Kashmir on three key fronts in an attempt to unravel the mystery surrounding it. First, it’s cost-effective. Second, there is the infrastructure. Social is the third. First, let’s discuss economics.

Thus, it should come as no surprise that the first foreign direct investment in the history of Jammu and Kashmir occurred when? In March of 2023, after 77 years of freedom, this is the case. And that too, from the most well-liked emirate group in Dubai—an Arab nation.

The same group of emirates that built the famous Burj Khalifa. They are now planning to invest 500 crores to build a mall in Jammu and Kashmir. This is special because, before to 2019, not only could foreign corporations not settle in Jammu and Kashmir, but Indian nationals were also prohibited from doing so. But foreign direct investment, or FDI, has arrived after veering away from 370 for the first time in 77 years.

Furthermore, the nation’s major private real estate developers have begun to provide the government with developmental investments totaling 18,300 crores. With this, we will soon be able to witness large buildings in Jammu and Kashmir that resemble metropolises like Mumbai and Bangalore.

Where, naturally, not a single contemporary apartment building exists today. Is that really true? In truth, there was another really troublesome residential regulation in Jammu and Kashmir when it came to the residents. The Roshni Law. This was the only state where the Jammu and Kashmir government would receive money from an illegal immigrant and give him title of the land if he unlawfully occupied a government building under the Roshni Act. In other words, this act would allow the illegal immigrant to legitimately become an Indian citizen. It is evident that this was a huge mistake. And that too in an adversarial Iraq such as Jammu and Kashmir.

Additionally, it was revealed a few years ago that the administration of Jammu and Kashmir was receiving financial support from Rohingyas in Bangladesh who were not authorized to be there. Additionally, they have defrauded 25,440 crores by doing this. This means that illegal immigrants have totally encroached upon the 25,448 crores of land that exist today. However, the Indian government has since removed 370 and invested 28,400 crores in Jammu and Kashmir in addition to enacting an industrial development policy. Industrial clusters are being built there as a result. It has already seen the establishment of factories by numerous private businesses.

As a result, the government anticipates that 10,000 new jobs will be generated there each year. Even without considering the possibility of their creation, the GDP of Jammu and Kashmir has risen from 1,13,000 crores to 2,200 crores in just a few years. In other words, 2,27,000 crores. The majority of Jammu and Kashmir’s infrastructure development initiatives are focused on this enormous economic boom. Such perilous bridges were prevalent in Jammu in the past. This is also how roads used to be.

However, after 2019, the world’s longest railway bridge, the world’s longest highway tunnel, 25 national highways, and all-weather strategic roads were constructed, allowing the army to reach the borders in the shortest amount of time. In addition, 3,885 km of new roads were built in the Jammu region alone. These reforms had a direct positive impact on the region’s economic growth and job opportunities. This made logistics and transportation—that is, raw materials and goods—easily accessible. As a result, many factories were established there, increasing employment.

In addition to the construction of roads and other infrastructure, cinema theaters are now opening in Kashmir for the first time in thirty years. When it comes to education, this was the situation in the past. Schools and institutions were shuttered for six months as a result of militancy. This had an impact on us since there was a period of time when schools were closed for six months at a time when we wanted to learn. There were just three medical colleges there even prior to the removal of Article 370. However, since then, 15 nursing colleges, 7 new medical colleges, and 2 new AIMs have been constructed there.

In addition, 49 new degree institutions, IIT, and IIM have emerged in Jammu and Kashmir to cater to the higher education needs of young people. That is to say, the viewpoint of common Kashmiris is also shifting as a result of this change. You’ve probably heard the adage “Show, don’t tell.” This is the situation that exists in Kashmir. The current state of affairs in Kashmir has deteriorated to such an extent that on August 15, the terrorist Burhan Wani’s father was raising the Indian flag. All the good Hindustans are screaming our praises, while another Hizbul terrorist, Raees Mattu, brother of Javed Mattu, is embracing the militancy instead.

According to their families, justice is being served for the first time in Khati following the repeal of Article 370. Today, justice is being served. Nobody is found innocent these days. Pakistan will not have any negative outcomes. The situation is evident now. What is the circumstance? Pakistan is a destitute nation. What benefits will it offer? We were, are, and always will be Hindustani. According to DGP Dilbaik Singh Ji of Karan, Jammu and Kashmir, hardly ten individuals have joined the militant group in Kashmir this year.

which was, before to this, at least 200. The Indian Army’s Rehabilitation Policy had a significant role in this. It also includes recruiting young Kashmiri people who joined militancy into the armed forces. In addition, they receive loans for self-employment, vocational training, and monthly stipends. Regarding the remaining 29,925 ordinary Kashmiri youngsters, they are being actively recruited for government positions in Jammu and Kashmir following the removal of Article 370.

As a result, many who formerly supported terrorism in Kashmir are now supporting India as they can find work there. This is the reason you will see athletes from Kashmir, such as Arif Khan, and other players representing India with pride at international events like the Olympics and Asian Para Games for the first time.Tell me, in all honesty, if this has ever happened before. What are your thoughts on this? Please inform us in the comments. However, the Kashmir issue, which appears to be resolved now, is on an equal footing with world affairs.

India’s troubles appear to be getting worse someplace. Russia, our oldest buddy, is lying to us now. If you didn’t know, Pakistan is set to become a member of the BRICS. And this has Russia giddy with anticipation. And whether Pakistan can join or not will be decided by Russia. Indeed, Pakistan has received a warm reception from Russia’s official media. Conversely, India is not participating in BRICS. Will this result in a significant loss for India? Furthermore, a lot of analysts think India ought to leave the BRICS.

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