“Disappointed but not disheartened”: Omar Abdullah on SC’s decision to uphold abrogation of Article 370

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.

Srinagar: National Conference (NC) Vice President Omar Abdullah, reacting to the Supreme Court’s verdict on Article 370 of the Constitution, said in a social media post that he is disappointed with the decision but he has not lost hope and the struggle will continue.

“Disappointed but not disheartened. The struggle will continue. It took the BJP decades to reach here. We are also prepared for the long haul. #WeShallOvercome #Article370,” Abdullah posted on X.

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The Supreme Court, on Monday, upheld 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.

Jammu and Kashmir People’s Conference chief Sajad Lone also expressed his disappointment in the Supreme Court’s decision and posted on X, “The Supreme Court verdict on Article 370 is disappointing. Justice yet again eludes the people of J and K. Article 370 may have been legally obliterated but will always remain a part of our political aspirations.

The post further read, “In the case of statehood, the Supreme Court sidestepped even commenting on it, thus protecting the entire country from any future misuse, by citing precedence. Yet the same misuse was subtly endorsed in J & K. Let us hope at a future date Justice wakes up from its slumber of pretence.” INDIA bloc member and UBT Sena Chief Uddhav Thackeray howevevr welcomed the Supreme Court decision.

“We welcome because we supported the removal of Article 370. this is the hope that SC has given the second order that elections should be held there by September, the people there should get the opportunity to vote in the open air, if PoK comes before the elections, then there will be Elections in the entire Kashmir” Uddhav Thackeray said in a statement.

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 Supreme Court said, 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.