Supreme Court updates on Day 7 condensed into 15 words.

Supreme Court Constitution Bench Hearing Petitions Challenging Abrogation of Article 370

A Constitution bench of the Supreme Court of India is currently hearing a batch of petitions challenging the abrogation of Article 370 of the Constitution. This article conferred special status on the erstwhile State of Jammu and Kashmir. The bench, consisting of Chief Justice of India DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjeev Khanna, BR Got it, and Surya Kant, is presiding over the matter.

Pending Petitions

Over 20 petitions challenging the Central government’s 2019 decision to abrogate Article 370 are currently pending before the Supreme Court. The abrogation resulted in the revocation of Jammu and Kashmir’s special status and the bifurcation of the erstwhile State into two Union Territories.

Previous Proceedings

In March 2020, a five-judge Constitution Bench of the Supreme Court decided not to refer the batch of petitions to a seven-judge Constitution Bench, despite some petitioners seeking such a reference.

Current Proceedings

The final hearings in the matter began on August 2, with the Court questioning whether the Constitution makers and Article 370 itself envisaged the provision as a permanent or temporary one. The Court sought clarification on whether the provision became permanent when the Constituent Assembly of Jammu and Kashmir, which was empowered to recommend its deletion, ceased to exist in 1957.

On August 4, the Court further questioned whether Article 370 would become part of the basic structure of the Constitution if it is accepted that it became permanent when the Constituent Assembly was dissolved. The Court also stated that in a Constitutional democracy like India, public opinion is sought through established institutions and not referendums.

On August 10, the Court observed that the Constitution of Jammu and Kashmir is not mentioned anywhere in the Constitution of India and that the only binding document is the Indian Constitution itself. The Court also raised questions about scrapping Article 370 through an ordinance when the State is under President’s rule as provided in Article 356.

Yesterday, the Court remarked that there is a difference between the existence of a power and the alleged abuse of such power while hearing arguments on the Central government’s legal powers to abrogate Article 370.

Summary:

• A Constitution bench of the Supreme Court is hearing petitions challenging the abrogation of Article 370.
• The bench consists of Chief Justice of India DY Chandrachud and four other justices.
• Over 20 petitions are pending before the court.
• The court is questioning whether Article 370 was meant to be permanent or temporary.
• The court also raised concerns about the scrapping of Article 370 through an ordinance.