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‘President’s Order To Scrap Article 370 Valid, Hold Elections By Sept 2024′: Big Unanimous Supreme Court Verdict

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Supreme Court on Monday announced the verdict on Article 370 and the court upheld the validity of the Constitutional Order abrogating Article 370. The Supreme Court today announced the verdict on a batch of petitions challenging the abrogation of the provisions of Article 370. A five-judge bench which was headed by Chief Justice of India (CJI) DY Chandrachud passed its decision on whether the decision taken by the Government of India to abrogate the provisions of Article 370 of the Constitution was valid or not.

Constitutional Order abrogating Article 370 is valid

The Supreme Court in its verdict, has announced that the Constitutional Order abrogating Article 370 is valid. The decision on abrogation of provisions of Article 370 was taken by the Centre on August 5, 2019.

Jammu and Kashmir is an integral part of India

The Supreme Court observed that Jammu and Kashmir is an integral part of India and Maharaja Hari Singh surrendered the sovereignty of the state. The court also said that the provisions of Article 370 was a temporary provision and it was created due to war conditions.

Union government cannot take actions of irreversible consequences

The Supreme Court also said the argument of petitioners that the Union government cannot take actions of irreversible consequences in the State during Presidential rule is not acceptable.

‘Every decision taken by Union on behalf of State is not subject to challenge’

CJI DY Chandrachud also said, “Every decision taken by Union on behalf of State is not subject to challenge, this will lead to chaos and uncertainty and would bring the administration of the State to a standstill.” The Supreme Court held that Jammu and Kashmir became an integral part of India as evident from Articles 1 and 370 of the Constitution of India.

The concurrence of the State government was not required

Supreme Court said that the concurrence of the State government was not required to apply all provisions of the Constitution using Article 370(1)(d). So, the President of India taking the concurrence of the Union government was not malafide. Supreme Court said, “No maladies in exercise of power under Article 370(3) by President to issue August 2019 order. Thus, we hold the exercise of Presidential power to be valid.” It further said, “When Constituent Assembly of J-K ceased to exist, special condition for which Article 370 was introduced ceased to exist.”

Hold Elections by September 30, 2024

The court also directed the Election Commission of India (ECI) to hold elections in the state. “We direct that steps shall be taken by the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir by 30 September 2024,” said CJI reading judgement in Article 370 matter.

SC upholds reorganisation of Ladakh as Union Territory

The Supreme Court in its decision further has upheld the reorganisation of Ladakh as Union Territory. The Supreme Court said, “Given the Centre’s submission on the restoration of statehood of Jammu and Kashmir, it directs that statehood shall take place as soon as possible.”

National News

‘I should have learnt Tamil in my childhood’: PM Modi in Coimbatore

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Chennai, Nov 19: Striking an emotional chord with farmers present at the CODISSIA grounds in Tamil Nadu, Prime Minister Narendra Modi on Wednesday said that he should have learnt Tamil in his childhood.

“Farmer leader P. R. Pandian’s speech was excellent because it was in Tamil. I could not understand it fully. I felt I should have learnt Tamil in my childhood,” the Prime Minister said, drawing applause from the farmers.

PM Modi added that he had requested Governor R. N. Ravi to provide a translation of the speech in English or Hindi.

Speaking at the inauguration of the three-day summit, PM Modi underlined the Centre’s commitment to supporting farmers and strengthening natural farming practices across the country.

He announced that the latest instalment of the Pradhan Mantri Kisan Samman Nidhi (PM-KISAN) scheme had been released from the very platform of the event.

“Today, we have disbursed Rs 18,000 crore directly into the bank accounts of farmers across India. Under this scheme, more than Rs 4 lakh crore has already been transferred directly to farmers so far,” he said.

The Prime Minister also praised Coimbatore’s evolving identity.

“Coimbatore, long proud of its textile industry, has today become proud for another reason – its leadership in natural farming,” he said.

He acknowledged former MP and BJP national vice president C.P. Radhakrishnan for “guiding and inspiring the movement”, noting that the city was emerging as a vibrant centre for sustainable agricultural practices.

Earlier, PM Modi visited the organic farming pavilions set up at the venue. He interacted with farmers, reviewed a range of natural farming products, and explored stalls displaying innovations in the organic sector.

The Prime Minister said the diversity he saw at the summit, from engineers and ISRO scientists to start-up entrepreneurs and farmers, was a powerful reflection of India’s agricultural transformation.

“Had I not come here today, I would have missed a great deal,” he said.

The Prime Minister highlighted the rapid expansion of the Kisan Credit Card (KCC) scheme, noting that farmers had availed benefits worth Rs 10,000 crore this year alone.

Livestock rearers and fishermen, he said, had also made substantial gains after being included under the KCC framework.

The reduction of GST on organic fertilisers has delivered further benefits to cultivators.

Touching upon Tamil Nadu’s traditions, PM Modi said, “For Lord Murugan, Tamil Nadu prepares honey, thinai and special powders. Our government is working to ensure that the finest millet-based foods from Tamil Nadu reach global markets.”

The South India Organic Farmers’ Summit will continue for the next two days, featuring technical sessions, exhibitions, and interactions among farmers, scientists and agri-innovators.

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National News

Maharashtra SEC Tells Bombay High Court That VVPAT Not Mandatory For Local Body Polls and Not Technically Feasible

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Nagpur: The Maharashtra State Election Commission on Wednesday told the Bombay High Court that the use of VVPAT machines was not mandatory for local body polls, and it was also not technically feasible.

The commission filed an affidavit opposing a petition filed by Congress leader Prafulla Gudadhe before the Nagpur bench of the high court, challenging its decision to not use VVPAT in the upcoming local body elections in Maharashtra.

Gudadhe in his plea said the Voter Verifiable Paper Audit Trail (VVPAT) system was essential for a transparent election process.

During the hearing on Wednesday, a bench headed by Justice Anil Kilor sought to know the reason for not using VVPAT machines especially when a Supreme Court judgment said the use of VVPAT was a must.

The commission’s lawyer told the court that the SC judgment applied only to the general elections, and not local body polls.

VVPAT machines were not used during the 2017 municipal polls too, he pointed out.

The commission in its affidavit said local body Acts which govern municipal elections do not mandate the use of VVPAT.

There are also issues of technical feasibility of designing and manufacturing a VVPAT machine which can be used for multi-member and multi-post EVMs, it said.

The Parliamentary and Assembly elections are single-member, single-post elections where only one candidate is chosen by a voter, and the EVMs used by the Election Commission are specifically designed for that purpose, the affidavit said.

Village Panchayats, Municipal Councils and Municipal Corporations are multi-member, multi-post constituencies, it added.

The bench posted the matter for further hearing on Thursday.

The first round of local body elections in Maharashtra will be held on December 2.

In his petition filed through advocates Pawan Dahat and Nihal Singh Rathod, Gudadhe said if the SEC was not going to use the VVPAT, the polls should be held using ballot papers. VVPAT is an independent system attached to an Electronic Voting Machine (EVM), allowing voters to verify that their votes are cast as intended.

The petition urged the HC to direct the SEC to hold the upcoming local body polls through ballot papers or quash the commission’s decision to not use VVPAT machines.

He also sought the court to restrain the SEC from using EVMs without VVPAT machines in any election.

The right to vote is a fundamental right and every citizen has the right to know if his or her vote has been rightly cast, the plea said.

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Maharashtra

Mumbai: Massive Fire Breaks Out At Kurla’s LIG Colony Due To Gas Pipeline Burst

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Mumbai: A massive fire broke out on November 19 in Kurla West near the Mubarak Complex at LIG Colony, reportedly triggered by a gas pipeline burst. Videos circulating on social media captured thick black smoke coming into the air as flames spread rapidly.

According to the visuals, the blaze was seen in the shop located on the ground floor of a residential building and firefighting officials were present at the spot trying to douse the fire. Several residential buildings are seen in the lane where the fire took place, bringing in security concern for residents.

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