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  4. 'Ill-informed and ill-intended': India reacts to OIC's statement on SC verdict regarding Article 370

'Ill-informed and ill-intended': India reacts to OIC's statement on SC verdict regarding Article 370

The Centre on August 5, 2019, abrogated the provisions of Article 370 of the Constitution that granted special status to the erstwhile state of Jammu and Kashmir. Pakistan said that the Supreme Court verdict, which upheld the abrogation, had "no legal value"

Edited By: Aveek Banerjee @AveekABanerjee New Delhi Published on: December 13, 2023 15:54 IST
The Supreme Court of India.
Image Source : PTI/REPRESENTATIVE The Supreme Court of India.

India on Wednesday strongly responded to the Organisation of Islamic Cooperation's (OIC) statements on the recent verdict by the Supreme Court regarding the abrogation of Article 370, saying that it is "both ill-informed and ill-intended". The apex court on Monday upheld the Centre's decision to abrogate Article 370 on August 5, 2019.

The Centre on August 5, 2019, abrogated the provisions of Article 370 of the Constitution that granted special status to the erstwhile state of Jammu and Kashmir. The Supreme Court held the decision to be "constitutionally valid" and directed steps to be taken for immediate restoration of statehood and elections to be held in J-K by September next year.

Reacting to OIC's statement, the Ministry of External Affairs (MEA) in a statement said, "India rejects the statement issued by the General Secretariat of the Organization of Islamic Cooperation (OIC) on a judgement of the Indian Supreme Court. It is both ill-informed and ill-intended."

"That OIC does so at the behest of a serial violater of human rights and an unrepentant promoter of cross-border terrorism makes its action even more questionable. Such statements only undermine OIC’s credibility,” further said the External Affairs Ministry.

Reactions to SC verdict

In a statement, the OIC's General Secretariat expressed concern at the Supreme Court verdict that upheld the abrogation of Article 370 and called on the international community to enhance its efforts to resolve the Kashmir through relevant UN Security Council resolutions, reported Geo News.

This came after Pakistan said that the Supreme Court verdict had "no legal value". China also responded to the matter, calling for a peaceful resolution of the Kashmir conflict.

Responding to a Pakistani journalist seeking China's reaction to the issue, Chinese Foreign Ministry spokesperson Mao Ning said, "On the Kashmir issue, China's position is consistent and clear cut... The Kashmir issue, left from the past, needs to be resolved peacefully and appropriately in accordance with the UN Charter, Security Council resolutions and relevant bilateral agreements."

“Parties concerned need to settle the dispute through dialogue and consultation so as to maintain regional peace and stability,” she said. This comes amid India's own problems with China, an all-weather friend of Pakistan, over the dragging military standoff in the Line of Actual Control (LAC).

What does the SC verdict say?

A five-judge Constitution bench headed by Chief Justice DY Chandrachud delivered the apex court verdict. The court in a unanimous judgment said the President's order to scrap Jammu and Kashmir's special status is constitutionally valid.

"We direct that steps shall be taken by the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir constituted under Section 14 of the Reorganisation Act by 30 September 2024. Restoration of statehood shall take place at the earliest and as soon as possible," the CJI said.

Writing the judgement for himself and Justices Gavai and Surya Kant, CJI Chandrachud said that Article 370 of the Constitution was a temporary provision and the president has the power to revoke it. The petitioners argued that the Parliament can only make the law-making powers of the State when the Presidential rule is in force is 'not accepted', said the CJI.

"Every decision taken by Union on behalf of State during Presidential rule not open to challenge. This will lead to the administration of the state to a standstill. Whether the Presidential Proclamation valid. The court need not adjudicate on this since the petitioners did not challenge it. And in any case, it was withdrawn in Oct 2019," the CJI said.

He further said that the state of Jammu and Kashmir became an integral part of India is evident from Articles 1 and 370 of the Constitution of India and that the constitutional set-up did not indicate that Jammu and Kashmir retained sovereignty.

ALSO READ | Article 370 in Jammu and Kashmir was a great betrayal to our nation: PM Modi

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