A five-judge constitution bench of Chief Justice of India (CJI) Dhananjaya Y Chandrachud, justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant fixed July 27 as the deadline for filing of documents and written submissions
The Supreme Court on Tuesday directed a day-to-day hearing from August 2 of a clutch of petitions against the nullification of the Constitution’s Article 370 that gave Jammu and Kashmir (J&K) semi-autonomous status even as it allowed bureaucrat Shah Faesal and former student leader Shehla Rashid to withdraw as petitioners.
A five-judge constitution bench of Chief Justice of India (CJI) Dhananjaya Y Chandrachud, justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant fixed July 27 as the deadline for filing of documents and written submissions by parties while observing it is a pure question of constitutional validity. It took up the matter after over three years. Parliamentarians from the National Conference are among those who have challenged the nullification
Five-judge Constitution Court Notices and International Concerns
In August 2019, the court issued notices on the pleas and referred the matter to a five-judge constitution bench despite resistance from the Union government citing international and cross-border implications. The government then argued that it was a sensitive matter and whatever happens in the country over it would be raked up at the UN.
The group of petitions contesting the repeal of Article 370 were most recently on the list in March 2020 after a five-judge panel decided against referring the case to a bigger bench.
The arguments in some of the arguments referenced J&K’s Instrument of Accession with India. Others referred to the Supreme Court’s 2018 decision, which said that Article 370 had become permanent.
In its affidavit, the Union government emphasised that due to the non-application of the Constitution and non-applicability of several beneficial central legislations to J&K prior to the nullification of Article 370 on August 5, 2019, there were obvious constraints that resulted in the alienation of the region.
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