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I Do Not Accept This__ -Harish Salve Remarks to CJI_ Article 370 Hearing.@Legalarcadeo
Supreme Court of IndiaArticle 370
Jammu and KashmirCJI DY ChandrachudHarish SalveKapil Sibal
Tushar Mehta
AM Singhvi
UT (Union Territory) is a type of administrative division inthe Republic of India. Unlike the states of India, whichhave their own governments, union territories are federalterritories governed, in part or in whole, by the UnionGovernment of India.
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Article 370 of the Indian constitution gave special statusto Jammu and Kashmir, a region located in the northernpart of the Indian subcontinent and part of the largerregion of Kashmir which has been the subject of a disputebetween India, Pakistan and China since 1947. Jammuand Kashmir was administered by India as a state from 17November 1952 to 31 October 2019, and Article 37oconferred on it the power to have a separate constitution,a state flag, and autonomy of internal administration.Article 370 was drafted in Part XXI of the Indianconstitution titled “Temporary, Transitional and SpecialProvisions”. It stated that the Constituent Assembly ofJammu and Kashmir would be empowered to recommendthe extent to which the Indian constitution would apply tothe state. The state assembly could also abrogate theArticle 370 altogether, in which case all of IndianConstitution would have applied to the state.After the state constituent assembly was convened, itrecommended the provisions of the assembly dissolved itself without recommending theabrogation of Article 370, the article was deemed to havebecome a permanent feature of the Indian Constitution. (9(10]
On 5 August 2019, the Government of India issued aPresidential Order superseding the 1954 order, andmaking all the provisions of the Indian constitutionapplicable to Jammu and Kashmir. The order was basedon the resolution passed in both houses of India’sparliament with two-thirds majority. A further order on 6August made all the clauses of Article 370 except clause1 to be inoperative.
In addition, the Jammu and Kashmir Reorganisation Act,2019 was passed by the parliament, enacting the divisionof the state of Jammu and Kashmir into two unionterritories to be called Union Territory of Jammu andKashmir and Union Territory of Ladakh. Thereorganisation took place on 31 October 2019.A total of 23 petitions were presented to the SupremeCourt of India, challenging the central government’sdecision to abrogate Article 370 of the Constitution, whichhas constituted a five judge bench for the same.
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