Several petitions challenging the abrogation of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, were referred to a Constitution Bench in 2019
August 22, 2023 09:56 am | Updated 10:00 am IST
Senior advocate Dushyant Dave had argued in the Supreme Court that the abrogation of Article 370 is a colourable exercise of powers since the BJP Government in its 2019 manifesto had proposed the repeal of Article 370.
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Sushil Kumar Verma
A five-judge Constitution Bench headed by Chief Justice D.Y. Chandrachud will continue its hearing on pleas challenging the abrogation of Article 370 of the Constitution. In its last hearing on August 17, the top court questioned the issuance of several constitutional orders which allowed provisions of the Indian Constitution to be applied in Jammu and Kashmir post-1957. It was referring to the Constitution (Application to Jammu and Kashmir) Amendment Orders passed since 1957 till August 6, 2019.
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The Bench expressed surprise to the submission of senior advocate Dushyant Dave, appearing for a petitioner, that Article 370, which bestowed special status on the erstwhile State of Jammu and Kashmir, had lived its life and achieved its purpose. Unlike other senior lawyers, including Kapil Sibal and Gopal Subramanium, Mr. Dave argued that Article 370 has not in entirety assumed a permanent character and has lived its worth with the term of the Constituent Assembly of Jammu and Kashmir coming to an end in 1957.
On August 5, 2019, the Centre decided to strip the erstwhile State of Jammu and Kashmir of special status and bifurcate it into two Union Territories. By abrogating Article 370, the Central Government revoked the special status of Jammu and Kashmir. Several petitions challenging the abrogation of the provisions of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, were referred to a Constitution Bench in 2019.
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August 22, 2023 10:00
Challenge to the abrogation of Article 370
Stay updated with The Hindu’s coverage about the ongoing Supreme Court proceedings on the abrogation of Article 370 with The Hindu’s coverage of the latest developments. Read more here.