Team  SoOLEGAL

Petitions challenging abrogation of Article 370 will be listed after Dussehra

Team SoOLEGAL 23 Sep 2022 4:21am

Petitions challenging abrogation of Article 370 will be listed after Dussehra

New Delhi : The Supreme Court announced on Friday that petitions challenging the abrogation of Article 370 of the Constitution, which grants special status to Jammu and Kashmir (J&K), will be heard soon after the upcoming Dussehra vacation.

The case was heard by a bench led by Chief Justice of India (CJI) UU Lalit.

The Court will be closed for a week on October 3rd for Dussehra. It will reopen on October 10.

There are approximately 20 or more petitions pending before the Supreme Court challenging the Central Government's decision to abrogate Article 370 of the Constitution on August 5, 2019.

Following the abrogation, the Centre revoked the state of Jammu and Kashmir's special status. As a result, the state was divided into two Union Territories: the Union Territory of Ladakh and the Union Territory of Jammu & Kashmir.

In March 2020, a 5-judge Supreme Court Constitution bench ruled that there appears to be no need for petitions challenging the abrogation to be heard by a 7-judge Constitution bench.

This ruling came after a few like-minded petitioners asked that the case be referred to a 7-judge bench, citing a conflict between two Supreme Court decisions, Prem Nath Kaul vs State of Jammu and Kashmir and Sampat Prakash vs State of Jammu and Kashmir. Both decisions were issued by five-judge panels and dealt with the interpretation of Article 370.

Despite the petitioner's request for the 7-judge bench, the then-hearing bench simply declined to refer the case to a larger bench, holding that there was no conflict between the two judgments and there was no need.



Tagged: Petitions challenging abrogation  
Did you find this write up useful? YES 0 NO 0
Featured Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com