The Supreme Court of India recently dismissed a petition that sought an official declaration on the constitutional validity of the abrogation of Article 370, an article that had once conferred special status to the former state of Jammu and Kashmir. The bench, presided over by Chief Justice D Y Chandrachud and flanked by Justices J B Pardiwala and Manoj Misra, labeled the plea as “misconceived.” Delving deeper into the matter, Chief Justice Chandrachud questioned the nature of the petition, stating,
Thank you for reading this post, don't forget to subscribe!“What kind of a petition is this? You are now seeking a declaration by this court that the abrogation of Article 370 is valid. Why should we issue that declaration on your petition? Who has set your client up?”
It was emphasized during the proceedings that the matter concerning the constitutional validity of the abrogation of Article 370 was already under scrutiny by a constitution bench of the apex court.
The petition, framed as a Public interest litigation (PIL), aimed to secure a declaration that would affirm the constitutional validity of both the abrogation of Article 370(1) and the removal of Article 35-A. For context, Article 35-A, which was integrated into the Constitution through a 1954 Presidential Order, endowed the citizens of Jammu and Kashmir with special rights and privileges. This article also imposed restrictions on individuals from outside the state, preventing them from acquiring immovable property within Jammu and Kashmir. Furthermore, it denied property rights to women from the state who chose to marry individuals from outside its borders.
On August 5, 2019, a landmark decision by the central government led to the abrogation of Article 370, effectively revoking the special status that Jammu and Kashmir had enjoyed. This pivotal move also resulted in the division of the state into two distinct union territories: Jammu and Kashmir, and Ladakh. Currently, the Supreme Court is meticulously examining a slew of petitions that challenge the abrogation of Article 370 and the subsequent Jammu and Kashmir Reorganisation Act, 2019. Overseeing this intricate legal examination is a five-judge constitution bench, spearheaded by Chief Justice Chandrachud. The outcome of these hearings is eagerly awaited, given the profound implications it holds for the union territories and the nation at large.
