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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.”

Crime

Bengal Governor hints at taking up RG Kar case with Amit Shah

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Kolkata, Jan 31: West Bengal Governor C.V. Ananda Bose might take up the complaints of the parents of the victim in the R.G. Kar rape and murder case regarding the entire line of investigation by the Central Bureau of Investigation (CBI) with the office of Union Home Minister Amit Shah.

A statement issued from the office of the Governor on Friday hinted at this.

The statement comes a day after the victim’s parents, on Thursday evening, went to Raj Bhavan in Kolkata and had a long meeting with the Governor.

“The parents expressed their plight and requested justice. They requested the Hon’ble Governor to present their petition to the Hon’ble President and Hon’ble Union Home Minister, to whom they have already submitted their petition. The Hon’ble Governor assured to take necessary action,” read the statement issued from the Governor’s office in the morning.

As per the statement, the Governor also assured the victim’s parents that they were not alone in this grief and that justice in the matter would be done.

The indication from the office of the Governor comes just a day after the state president of BJP in West Bengal and the Union Minister of State Sukanta Majumdar, on Thursday, gave a somewhat similar assurance on the matter.

Majumdar, on Thursday afternoon, went to the residence of the victim’s parents and had a long meeting with them.

During the meeting, the victim’s parents claimed to have explained to Majumdar why they were unhappy with the entire investigation by the CBI. They also explained why they are against the death penalty for the sole convict in the case, Sanjay Roy.

The victim’s parents reportedly highlighted the observations made by a special court in Kolkata on the lapses in investigation by the central agency.

Confirming this, Majumdar told media persons that the victim’s parents had pointed out certain observations by the special court.

Majumdar also said the victim’s parents had complaints against one particular investigating officer.

“They have updated me on the matter and I assured them of communicating their grievances to the appropriate authorities,” Majumdar said.

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Unfortunate, unacceptable: Rashtrapati Bhavan reacts to Sonia Gandhi’s ‘poor thing’ remark

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New Delhi, Jan 31: Rashtrapati Bhavan has strongly responded to Congress MP Sonia Gandhi’s remark referring to President Droupadi Murmu as a “poor thing”.

In a statement, Rashtrapati Bhavan clarified that the President was not fatigued at any point during her address to the joint sitting of the Lok Sabha and Rajya Sabha on Friday.

“Nothing could be farther from the truth. The President was not tired at any point. Indeed, she believes that speaking up for marginalized communities, women, and farmers, as she was doing in her address, can never be tiring,” the statement read.

The President’s office also suggested that some political leaders might have misunderstood the nuances of Indian languages like Hindi, leading to an incorrect impression. “In any case, such comments are in poor taste, unfortunate, and entirely avoidable,” the statement added.

Furthermore, Rashtrapati Bhavan condemned statements from prominent Congress leaders that allegedly demeaned the dignity of the President’s office. These leaders had claimed that President Murmu appeared exhausted by the end of her speech and could hardly speak.

The controversy erupted when Sonia Gandhi, a veteran Congress leader and former party president, made the remark while speaking to reporters outside Parliament. Asked for her reaction to the President’s address, she responded, “The President was getting very tired by the end. She could hardly speak, poor thing.”

She was accompanied by Congress MPs Rahul Gandhi and Priyanka Gandhi Vadra. Rahul Gandhi dismissed the President’s speech as “boring,” adding, “No comments. Repeating the same thing again and again.”

The Bharatiya Janata Party (BJP) launched a sharp attack on the Gandhis, calling their remarks an insult to the dignity of the President and reflective of Congress’ “feudal mindset”.

BJP President and Union Minister J.P. Nadda condemned Sonia Gandhi’s comment, stating, “I and every BJP Karyakarta STRONGLY CONDEMN the usage of the phrase ‘poor thing’ by Smt. Sonia Gandhi for the Honourable President of India, Droupadi Murmu Ji. The deliberate usage of such words exposes the elitist, anti-poor, and anti-tribal mindset of the Congress Party.”

Nadda also demanded an unconditional apology from the Congress party, asserting, “I demand that the Congress Party unreservedly apologise to the Honourable President and the tribal communities of India.”

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Prez Murmu faces ‘repeated’ insults from Congress: Sonia Gandhi’s comments fuel backlash

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New Delhi, Jan 31: The Budget Session of Parliament began on Friday amidst a fresh controversy following remarks by Congress MP Sonia Gandhi about President Droupadi Murmu. Speaking to reporters after the President’s address to a joint sitting of Parliament, Sonia Gandhi described President Murmu as a “poor thing”, expressing concern that the 66-year-old President appeared exhausted after delivering her long customary speech.

“The President was getting very tired by the end. She could hardly speak, poor thing,” Gandhi said, flanked by her children, Congress MPs Rahul Gandhi and Priyanka Gandhi Vadra. Rahul Gandhi was heard assisting his mother with her comments, asking, “Boring? No comments? Repeating the same thing again and again?”

The BJP was quick to condemn the remarks, calling them “derogatory” and accusing the Congress of disrespecting the President. BJP leaders said that Congress’s “feudal mindset” cannot accept that a tribal woman like Droupadi Murmu achieved the position of President of India.

This is not the first example of insult toward President Murmu by the Congress-led opposition. On various occasions in the past, Congress leader Rahul Gandhi referred to the President’s speech as “boring”. Once, Pappu Yadav had also dismissed the speech delivered by President Murmu as a “love letter”. The political leaders slammed all these comments, with many of them describing them as an insult to the entire tribal community and the highest office in the country.

Last year Rahul Gandhi sparked a row by stating that President Murmu could not enter the Ram Mandir due to her tribal identity. But the fact that came out contradicted Rahul’s claim. President Droupadi Murmu not only visited the Ram Mandir in 2024 but also attended Maha Aarti at Saryu Ghat.

The disrespect towards President Murmu has also been seen earlier. Rahul Gandhi in 2024, then Leader of the Opposition in the Lok Sabha, noticeably failed to greet President Murmu during her address to Parliament on Constitution Day.

The Congress’ disregard for President Murmu also became evident in 2022 when party leader Ajoy Kumar mocked her candidacy, calling it a representation of an “evil philosophy of India”, suggesting that she should not be seen as an Adivasi symbol.

Congress leader Adhir Ranjan Chowdhury also in the past referred to President Murmu as ‘Rashtrapatni’ during a TV interview. This led to massive controversy with analysts and political leaders condemning this comment.

Likewise, West Bengal Minister Akhil Giri made headlines in 2022 when he mocked the President’s appearance, saying, “We don’t judge anyone by their appearance. But how does our President look?” His remarks were widely condemned as disrespectful.

The continuous pattern of disparaging comments from opposition leaders has raised questions about the treatment of tribal women in high political office, with many calling for greater respect for the dignity of the President’s office.

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