The Supreme Court will deliver its much-anticipated verdict on the constitutional validity of the Centre’s decision to abrogate Article 370 of the Constitution, which granted special status to Jammu and Kashmir, on Monday.

The landmark case, encompassing 23 petitions challenging government action, has been under review by the Supreme Court for an extended period. After 16 marathon days of hearings and persuasive arguments presented by both sides, the court reserved its judgment on September 5. 

A five-judge Constitution bench, led by Chief Justice of India DY Chandrachud and comprising Justices Sanjay Kishan Kaul, Sanjeev Khanna, BR Gavai, and Surya Kant, will pronounce the verdict on Monday. Their decision will hold immense significance, determining whether the abrogation of Article 370 was carried out in accordance with the Constitution and legal principles.

Eighteen lawyers, including Kapil Sibal, Gopal Subramaniam, Dushyant Dave, and Rajiv Dhawan, presented arguments challenging the validity of the Centre’s decision while the Centre, represented by Attorney General R Venkataramani, Solicitor General Tushar Mehta, and other legal experts, defended its actions as being completely logical and appropriate.

Centre’s Argument 

The Centre argued that the dissolution of the Jammu and Kashmir Constituent Assembly automatically brought about the creation of the Legislative Assembly. This, they claim, empowers the Centre to take action with the consent of Parliament when the Legislative Assembly stands adjourned during periods of President’s rule. 

They further asserted that this process adheres to the Constitution and does not violate the federal structure between the central and state governments.

Petitioners’ Argument 

The petitioners have accused the Centre of arbitrarily disregarding the state’s rights and constitutionally enshrined Legislative Assembly.

They argued that before dividing the state, obtaining the consent of the people, represented by their elected representatives in the Legislative Assembly, was a fundamental requirement. By bypassing this crucial step, the Centre has encroached upon the state’s autonomy and undermined the fundamental principles of Centre-State relations.

The petitioners further argued that the people of Jammu and Kashmir have been “deprived of representation” in both the Legislative Assembly and Lok Sabha for four long years. This denial of their elected representatives amounts to a strangulation of democracy in the region, they argued. 

India is a strategic partner for the United States, the White House has said as it urged New Delhi to hold accountable those responsible for the plot to assassinate Khalistani terrorist, who is an American citizen.

“India is a strategic partner. We’re deepening that strategic partnership. They’re a member of the Quad in the Pacific. We participate with them on a range of issues and we want to see that continue unabated. That said, at the same time, we certainly recognise the seriousness of these allegations,” National Security spokesperson John Kirby told reporters at a White House news conference here.

Kirby was responding to a question on the impact that the alleged plot would have on the bilateral India-US relationship. “We want it fully investigated and those responsible to be held properly accountable,” he said.

“It’s under active investigation. We’ve said that we’re glad that our Indian counterparts are taking it seriously and doing that. We want those responsible for these attacks to be held fully accountable, but I won’t get ahead of an investigation that isn’t complete,” Kirby added

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At least 403 Indian students have died abroad since 2018 due to various reasons including natural causes and accidents, the government said today. Out of the 34 nations, the most deaths occurred in Canada.

The data was presented in the Rajya Sabha by Union Minister V Muraleedharan, who said that 403 Indian students have died abroad since 2018.

According to data submitted by the ministry, Canada has reported 91 deaths of Indian students since 2018 followed by the United Kingdom (48), Russia (40), the United States (36), Australia (35), Ukraine (21), Germany (20), Cyprus (14), Italy and the Philippines (10 each).

He also emphasised the Centre’s commitment to the safety and well-being of Indian students abroad, pledging to address individual cases and work toward preventing any untoward incidents in the future. He said that heads of mission and senior officials regularly visit colleges and universities to interact with Indian students studying there.

“The safety and security of Indian students abroad is one of the foremost priorities for the Government of India,” he said.

“In case there is any untoward incident, it is immediately taken up with the concerned authorities of the host country to ensure that the incident is properly investigated and the perpetrators are punished, he added.

The distressed students are also offered comprehensive consular assistance, including emergency medical care, boarding, and lodging when needed, he said.

When asked about the high number of deaths of Indian students, External Affairs Ministry spokesperson Arindam Bagchi said that a high number of students were also going abroad to study.

“I don’t know if this is an issue that merits taking up with the government. There are individual incidents where there has been foul play and others… Our consulates do reach out to families, we also take it up such cases with the local authorities,” Mr Bagchi told reporters at the weekly briefing.