W.P.(C) No. 1099/2019
IN RE ARTICLE 370 OF THE CONSTITUTION VS
The Supreme Court rejected the petitions and upheld the abolition of Article 370 and the reorganisation of the State of J&K into two Union Territories. The Judgment of the Court was authored by Chief Justice Chandrachud. Justice Sanjay K. Kaul and Justice Sanjiv Khanna wrote separate concurring opinions. The Supreme Court found that Article 370 was a “temporary” provision enacted until the special circumstances facing J&K were resolved. The Court held the President could not use a Constitutional Order to indirectly amend the Constitution to make the removal of Article 370 conditional on the recommendation of the State Legislature instead of the J&K Constituent Assembly. But it also found that the “recommendation” of the J&K Constituent Assembly under Article 370(3) would never have been binding on the President of India, who always had the power to remove Article 370. After the dissolution of the J&K Constituent Assembly, the President could abolish Article 370 whenever the President thought appropriate. The Court also held that the passage of the J&K Reorganisation Act did not violate the procedure for the reorganisation of States in Article 3. The Government of India stated that the Union Territory of J&K would be made a State again, and thus the Court did not decide the legality of converting the State of J&K into two Union Territories. The Court directed that elections to the Legislative Assembly for the Union Territory of J&K be held by 30 September 2024.
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September 20 1961
Civil Appeal/401/1961
Hon'ble Justice B.P. SINHA C.J, P.B. GAJENDRAGADKAR AND RAGHUBAR DAYAL
MOOL CHAND SHARMA Vs. STATE OF UTTAR PRADESH
September 20 1961
Civil Appeal/401/1961
Honourable Judge B.P. SINHA C.J, P.B. GAJENDRAGADKAR AND RAGHUBAR DAYAL
MOOL CHAND SHARMA Vs. STATE OF UTTAR PRADESH
The First woman judge of the High Court of Andhra Pradesh
Amareswari was born in Appikatla Village in Guntur District. She graduated with a master's degree in Politics and History from Andhra University College of Law in the year 1949. She completed her bachelor's in law from the same university. She became the first lady judge of the Andhra Pradesh High Court. She was a member of the Bar Council from 1960 to 1961 and was appointed Judge directly from the Bar. She was the Vice-President of the Indian Federation of Women Lawyers.[2] She also worked as the Vice-President of the Andhra Pradesh High Court Advocates Association during the period 1975-1976. In the year 1978 on 29 April she was appointed permanent Judge for Andhra Pradesh High Court. She died on 25 July 2009, in New Delhi where she had been practising as a senior advocate at the Supreme Court. She is survived by a son and daughter.