The Supreme Court is set to begin hearings on a series of petitions challenging the abrogation of Article 370 and the bifurcation of the former state of Jammu and Kashmir into two Union territories. A five-judge constitutional bench, led by Chief Justice of India (CJI) DY Chandrachud, will convene on July 11 to issue procedural directions and prepare the case for the hearings. The bench comprises Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant.
Over 20 petitions have been filed questioning the constitutional validity of the central government's decision to revoke Article 370, which removed the "special status" of Jammu and Kashmir. The petitioners argue that the constitutional provisions were violated during the decision-making process.
Former Chief Minister of Jammu and Kashmir and leader of the People's Democratic Party, Mehbooba Mufti, urged the CJI for an expedited hearing on the matter. She expressed concern for the individuals, especially the youth, who have been detained without trial within and outside Jammu and Kashmir.
The Supreme Court's hearings will assess the legality of the August 5, 2019, presidential order, known as the Constitution (Application to Jammu & Kashmir) Order, 2019, which superseded the Constitution (Application to J&K) Order, 1954. Additionally, the court will examine the inclusion of Clause 4 in Article 367, which extended the applicability of the Indian Constitution to Jammu and Kashmir. Before its abrogation, Article 370 had granted special status to Jammu and Kashmir for 70 years.
One of the initial petitioners, Shah Faesal, an Indian Administrative Service (IAS) officer, and another petitioner have filed fresh applications requesting the removal of their names from the petitions. Faesal, who challenged the validity of the central government's order in 2019, had resigned from his position and established a political party. However, his resignation was rejected, and he was reinstated in service.
The Supreme Court admitted the petition on August 28, 2019, only 23 days after the central government's decision to revoke Jammu and Kashmir's special status. The court had issued notices to the Centre and the Jammu and Kashmir government, referring the petitions to a five-judge bench. In March 2020, a bench consisting of Justices N V Ramana, Kaul, R Subhash Reddy, Gavai, and Kant rejected the petitioners' request to refer the issue to a seven-judge bench for adjudication. The bench had to be reconstituted following the retirement of CJI Ramana and Justice Reddy.
It is expected that the upcoming hearings will address the long-standing concerns surrounding the abrogation of Article 370 and the reorganization of Jammu and Kashmir.
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