In March 2020, a five-judge Constitution bench declined to refer a batch of petitions challenging the Constitutional validity of the Centre’s decision to abrogate provisions of Article 370 to a larger seven-judge bench. The bench stated that there were no reasons to refer the matter to a larger bench. Various petitions were filed by private individuals, lawyers, activists, politicians, and political parties, challenging the Jammu and Kashmir Reorganisation Act, 2019.
The Chief Justice-led bench announced that all additional pleadings filed during the previous hearing before the court that declined the reference to a seven-judge bench must be submitted by July 27. The bench firmly stated that records would be frozen on July 27. The names of two petitioners, IAS officer Shah Faesal and human rights activist Shehla Rashid, who sought the deletion of their names from the court records, were removed. A petitioner-in-person complained that his name was pushed down in the list of cases, prompting the bench, on the suggestion of the Solicitor General, to rename the case as “In re: Article 370 of the Constitution”.
The Central government, on Monday, justified its decision to abrogate Article 370 in Jammu and Kashmir, stating that after the changes, instances of street violence, which were instigated and coordinated by terrorists and secessionist networks, have become a thing of the past. The Centre claimed that since 2019, when Article 370 was abrogated, the entire region has witnessed an unprecedented era of peace, progress, and prosperity. The Centre also highlighted that life has returned to normalcy after three decades of turmoil, with schools, colleges, and universities functioning without any strikes, and an increase in participation in sporting activities.
Summary:
★A five-judge bench of the Supreme Court will hear 23 writ petitions challenging the Union government’s decision to revoke Article 370 on August 2.
★The bench had previously declined to refer the matter to a larger seven-judge bench.
★Additional pleadings must be submitted by July 27, and records will be frozen on that day.
★The names of two petitioners seeking deletion of their names from court records were removed.
★The Central government justified its decision to abrogate Article 370, claiming an era of peace, progress, and prosperity in the region.
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