New Delhi: On Supreme Court constitutionally validating the removal of Article 370 in Jammu and Kashmir, senior Congress leader and Maharaja Hari Singh's son Karan Singh said, "I welcome it. Now it has become clear that whatever happened is constitutionally valid. I request PM Modi to restore statehood soon".
SC holds abrogation of Article 370 valid
The SC decision 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.
The Constitution Bench was hearing a batch of petitions challenging the abrogation of Article 370 of the Constitution and bifurcating the state into two Union Territories.
CJI: Article 370 was a temporary provision
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.
Supreme Court said that it has held that Article 370 was a temporary provision.
" The proclamation of Maharaja stated that the Constitution of India will supersede. With this, the para of 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.
Significance of proclamation issued by Yuvraj Karan Singh
The Apex court also mentioned that the argument of petitioners that the Union government cannot take actions of irreversible consequences in the State during Presidential rule is not acceptable.
"We have held that the state of Jammu and Kashmir did not retain an element of sovereignty when it joined the Union of India. We have arrived at this conclusion for the following reasons. First paragraph eight of the instrument of acession executed by Maharaja Hari Singh provided that nothing in the instrument would affect the continuance of the sovereignty of the Maharaja in and over the state," CJI Chandrachud said.
The CJI further noted that on November 25, 1949, a proclamation was issued for the State of Jammu and Kashmir by "Yuvraj Karan Singh".
1947: Accession of J&K
On 26 October 1947, Hari Singh, Maharaja of Jammu and Kashmir, signed the instrument of accession and joined the secular and democratic India. Following this, the 16-day-long invasion failed in Kashmir due to a strong military response from the Indian Army.