supreme-court-to-hear-review-petition-on-article-370-abrogatio-today

The Supreme Court of India is set to review the constitutional validity of the abrogation of Article 370, which granted special status to Jammu and Kashmir.

 

The petition for review of the judgment, where the court affirmed the legitimacy of the decision, is due to be considered today, ie May 1.

 

On December 11, 2023, the Supreme Court of India upheld the Central government's decision to revoke Article 370 of the Constitution.

 

Soon after the verdict was announced by the Apex court, multiple review petitions were filed by the representatives of civil societies and political parties in Jammu and Kashmir.

 

The decision was made by the bench headed by Chief Justice of India DY Chandrachud, and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant.

 

The Supreme Court clarified that it did not  need to rule on the validity of proclamations. The main issue was the abrogation, which can occur during  president's rule.

 

Even if the proclamation couldn't be made, there was no evidence to suggest the president's rule couldn't be invoked.

 

The petitioners, who were contesting the abrogation of Article 370, claimed that it was no longer a "temporary provision" and had taken on permanency following the dissolution of the Jammu and Kashmir Constituent Assembly.

 

However, CJI CJ Chandrachud, while announcing the verdict, said that "this provision was brought into the constitution during the wartime, and hence it was transitory.

 

Meanwhile, the petitioners challenged the same argument, saying that "just because a provision is introduced during a war or crisis time doesn't mean that it becomes transitory."

 

On August 5, 2019, the Central government announced the withdrawal of Jammu and Kashmir's special status under Article 370, splitting the erstwhile state into two Union territories.