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SC upholds abrogation of article 370, asks Centre to conduct election by September next year

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The on Monday upheld the government's decision to abrogate which bestowed special status on the erstwhile state of Jammu and Kashmir.

The CJI said steps is should be taken to conduct elections in the assembly by September next year.

Writing the judgement for himself and Justices Gavai and Surya Kant of India D Y Chandrachud said Article 370 of the constitution was a temporary provision and the President has the power to revoke it.
The apex court also upheld the validity of the decision to carve out the union territory of Ladakh from Jammu and Kashmir.

In August 2019 the state of Jammu and Kashmir doesn't have internal sovereignty different from other states of the country, he said “… all provisions of the constitution can be applied to J&K,” the CJI said.

“We hold the exercise of presidential power to issue constitutional order abrogating Article 370 of Constitution as valid,” the CJI said.

Jammu & Kashmir became an integral part of India and this is evident from Articles 1 and 370 he said, while pronouncing the judgement.

“The constituent assembly of J&K was never intended to be permanent body,” the CJI stated.

Article 370, which was abrogated on August 5, 2019, was an interim management due to war condition the erstwhile state, Justice Chandrachud said.

The apex court reserved its verdict in the matter on September 5, after 16 day hearing on petition challenging the abrogation of the provision of article 370.

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