The Supreme Court of India is set to hear a series of petitions challenging the abrogation of Article 370, a constitutional provision that granted special status to the erstwhile state of Jammu & Kashmir. The hearings, scheduled to begin on August 2, 2023, come nearly four years after the Central Government’s controversial decision to revoke the state’s special status and bifurcate it into two Union Territories – Jammu & Kashmir and Ladakh.
The Constitution Bench, comprising Chief Justice of India (CJI) DY Chandrachud, and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, will hear the batch of petitions. The bench is expected to dedicate all Tuesdays, Wednesdays, and Thursdays to this case, pushing back several other cases to be heard after the completion of the Article 370 case.
According to Advocate-on-Record Prasanna S, the oral arguments of the petitioners are expected to require approximately 60 hours to conclude. A total of 18 counsel will be presenting arguments on behalf of various petitioners. Senior Advocates Kapil Sibal and Gopal Subramanium are anticipated to take 10 hours each to conclude their arguments. Senior Advocates Shekhar Naphade and Zafar Shah are expected to speak for 8 hours each. Senior Advocates Dushyant Dave and Chander Uday Singh are likely to present their arguments within 4 hours each.
Article 370 was incorporated into the Indian Constitution on October 27, 1949, under Part XXI, titled “Temporary, Transitional, and Special Provisions.” It granted special status to J&K, allowing the state to draft its own Constitution and limiting the legislative powers of the Indian Parliament concerning J&K. Over time, through judgments from the Supreme Court of India and the High Court of Jammu and Kashmir, Article 370 came to be considered as having acquired permanent status.
The abrogation of Article 370 was executed in a two-step process through the promulgation of the Constitution (Application to Jammu & Kashmir) Order, 2019 on August 5, 2019. The Presidential notification (CO 273) stated that from August 6, 2019, all clauses of Article 370 would cease to be operative, effectively revoking the special status of Jammu and Kashmir.
The petitions challenging the abrogation of Article 370 emerged from various quarters, including law graduates, National Conference leaders, former bureaucrats, defense personnel, and politicians, among others. These petitions raised concerns over different aspects of J&K, such as media freedom, detention of political leaders, challenges to the valley’s lockdown, internet shutdowns, and more.
The Supreme Court responded by constituting a Constitution Bench to hear and adjudicate the petitions challenging the Presidential Orders under Article 370. The Bench was assigned the task of hearing the petitions concerning the lockdown measures and communication shutdown in J&K separately.
During the hearings before the Constitution Bench, a series of arguments were presented by the petitioners and counter-arguments were offered by the Centre. The petitioners argued on the legality of the President’s Rule in J&K, the requirement of concurrence with the State Government, the powers of the President under Article 370(1)(d), the vires of bifurcation of the State, and the applicability of the Constitution of J&K. The Centre countered each of these arguments, defending the legality of the abrogation of Article 370.
The Supreme Court’s decision on this matter will have far-reaching implications for the future of Jammu & Kashmir and the interpretation of the Indian Constitution. The hearings are expected to be intense, with a wide range of legal arguments and counter-arguments anticipated from both sides. The nation eagerly awaits the outcome of these hearings, which will shape the future course of the region’s political and constitutional landscape.