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Article 370: Constitution Bench of Supreme Court to hear petitions challenging abrogation on July 11

Team SoOLEGAL 5 Jul 2023 1:35pm

Article 370: Constitution Bench of Supreme Court to hear petitions challenging abrogation on July 11

New Delhi: Almost four years after the abrogation of Article 370 of the Constitution, which granted special status to the erstwhile state of Jammu and Kashmir, a Constitution Bench led by Chief Justice of India DY Chandrachud will hear a slew of petitions contesting the Central government's decision.

The Bench also comprised of Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant.

The matter has been scheduled for directions on July 11, when the Court will also consider whether to withdraw the plea filed by bureaucrat Mr. Shah Faesal.

Over 20 cases have been filed in the Supreme Court challenging the Central Government's decision to repeal Article 370 of the Constitution, which resulted in the removal of Jammu and Kashmir's special status. The former state was thereafter divided into two Union Territories.

When the cases were last listed in March 2020, a five-judge Constitution Bench of the Supreme Court opted not to refer the batch of petitions to a seven-judge Constitution Bench, notwithstanding the request of several petitioners. The petitioners contended that two Supreme Court decisions dealing with the interpretation of Article 370, Prem Nath Kaul v. State of Jammu & Kashmir and Sampat Prakash v. State of Jammu & Kashmir, rendered by five-judge benches, were in contradiction.

However, the five-judge bench considering the issue rejected to transfer the case to a larger bench, noting that the two judgements were not in conflict.

The petitions were also heard by a Bench led by CJI Chandrachud in February of this year. The CJI then stated that he would "take a call" on listing it.



Tagged: Article 370   Supreme Court  
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