The Supreme Court has declared in its judgment today that the abrogation of Article 370 by the government of India was valid and that the President has the power to abrogate the article.

The parliament has the power to amend the constitution.Only the basic structure of the constitution cannot be changed.Since Art.370 was not a part of the basic structure of the Constitution, the parliament has the power to abrogate it.

The Supreme Court further stated that the Constitution of India is fully applicable to the Union Territory of Jammu and Kashmir.This has removed the wrong notions which have been nurtured by some political parties in J&K that J&K has its own constitution and that the Constitution of India is not applicable to J&K.This wrong perception has been put to rest.The Constitution of India is Supreme and is applicable to all the States and Union Territories of India.

The Supreme Court has further stated that the elections to the UT of Jammu & Kashmir need to be conducted by Sept.30,2024 and directed the Election Commission to conduct the requisite elections.

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.