New Delhi: Senior lawyer in the Supreme Court and Constitutional expert Satya Prakash Singh on Monday hailed the verdict of the Supreme Court on the abrogation of Article 370.
"Judgement of the Hon'ble Supreme Court is correct. In 1947-48, when the Kashmir issue was cropped up it (Jammu & Kashmir) was not a Constitutionally autonomous state. It was under the sovereign power of British imperialism. It was transferred to India. So, after Independence when the government was formed, the entire power went with the President of India. So, whatever decision has been taken in this regard is correct," Satya Prakash Singh told ETV Bharat.
He further said that when Pakistan was formed with the negotiation of the British Empire, at that time Jammu & Kashmir was not a complete state.
The top court unanimously upheld the Centre's August 5, 2019 decision to abrogate provisions of Article 370, while directing the restoration of statehood for Jammu and Kashmir at the earliest and holding of the Assembly elections next year.
"When India adopted the Constitution, J&K became an integral part of India. Even that time (former Prime Minister) Jawaharlal Nehru also admitted that a mistake was committed and the matter was referred to the UN (United Nations)", said Singh.
"In this situation, the President of India has all the right to abolish Article 370 which was in fact a temporary provision," the noted Supreme Court lawyer asserted.
Referring to the directives of the court to conduct election in J&K by September next year, Singh said that the apex court has given the right direction.
"Now, the government has no issue to conduct elections in J&K," he added. The renowned Constitutional expert also hailed the top court for upholding the decision to make Ladakh a Union Terrority.
Meanwhile, senior lawyer and Constitutional expert Mohan Shyam said the great Constitution makers kept Article 370 as a part of the Constitution of India, which was a temporary provisions with respect to the state of Jammu and Kashmir, and resultantly India had two Constitutions and two flags with limitation of legal as well as fundamental rights available to the citizens.
"The leaders of previous governments termed this provision as a tunnel to take the Constitution of India to Jammu and Kashmir but they failed to address the right to equality, among people staying in the Jammu and Kashmir, this special status of J&K became a big threat to the sovereignty of India, because people of J&K find themselves unable to merge with 'Bharat' despite being the integral part of the nation," noted Shyam.
"It was strongly required and if we may say that the people of J&K eagerly waiting for the abrogation of Article 370 to take breath in a different environment, which helps them to achieve sustainable development, which was kept on edge by the previous governments", he added.
According to Shyam, the present BJP government under the leadership of Prime Minister Narendra Modi "has shown its political will and took people of J&K into confidence and abrogated Article 370."
He said that the action of the government in 2019, brought more investments for the region in areas such as industries, healthcare, education and tourism. “Tourism has also grown since 2019 and separatist violence has fallen,” Shyam claimed.
"The Apex court’s decision today is a landmark verdict giving a new height to the region and stopping the separatist anti-national agenda permanently, Shyam said.
Meanwhile, hailing the verdict of the Supreme Court in upholding the decision of the Centre in abrogating Article 370 from Jammu & Kashmir, Union Shipping and Waterways Minister Sarbananda Sonowal on Monday said that the directive was most-anticipated.
"Abrogation was a right decision taken by the Centre. The action and subsequent verdict of the Supreme Court has kept India’s sovereignty intact,” Sonowal told ETV Bharat. Applauding the leadership of Prime Minister Narendra Modi and Union Home Minister Amit Shah, Sonowal said that following the abrogation of Article 370, Jammu & Kashmir has become an integral part of India.
"Abrogation of Article 370 was possible following bold decisions taken by Prime Minister Narendra Modi and Home Minister Amit Shah. Under the leadership of Modi, India is becoming stronger day by day,” asserted Sonowal.
Read more:
- Landmark judgment | SC upholds abrogation of Article 370, directs ECI to conduct elections in J&K by Sept 2024
- 'Culmination of integration process': Top 10 quotes from Supreme Court's landmark verdict on Article 370 abrogation
- “No malafide in President’s exercise of power…’, SC upholds abrogation of Article 370
