The Supreme Court on Monday set up a five-judge bench to hear the petitions challenging the abrogation of Article 370 of the Constitution of India and scrapping the special status of Jammu and Kashmir. The political parties in J&K welcomed the SC바카라s decision.
The petitions against the abrogation of Article 370 were filed in 2019 and have not been heard since 2020. The five-judge bench would be headed by Chief Justice of India DY Chandrachud.
On August 5, 2019, The Narendra Modi government scrapped the special status of Jammu and Kashmir, enabled by the Articles 370 and 35A of the Constitution, by abrogating these provisions and bifurcated it into two Union Territories (UTs) of J&K and Ladakh. Soon after the move, several parties challenged it in the Supreme Court.
How did parties in J&K react?
CPI (M) leader called the setting up of a 바카라welcome decision바카라 and said they have high hopes.
He said, 바카라It is a welcome decision by the Supreme Court though delayed for a long. The move by the SC is encouraging. The decisions of August 5, 2019, abrogating Article 370 and bifurcating J&K into two Union Territories was not only an assault on the democratic structure of Jammu and Kashmir but it was also an assault on the Constitution of India itself.바카라
Jammu Kashmir National Conference (JKNC) leader and former J&K Chief Minister Omar Abdullah tweeted, 바카라Finally, the bench is constituted. I look forward to the hearings beginning in right earnest now.바카라
Notably, the development comes within days of CJI Chandrachud바카라s visit to Srinagar and former J&K CM and People바카라s Democratic Party (PDP) chief Mehboob Mufti raising the issue of pending petitions against the abrogation of Article 370.
In Srinagar, Chandrachud last week delivered the inaugural address of the 19th All India Legal Services Authorities바카라 meet. J&K Lieutenant Governor Manoj Sinha in his address described the abrogation of Articles 370 and 35A as 바카라historic reforms바카라 that ushered in a new era in J&K.
Mehbooba raised the issue of pending petitions on Twitter.
She said, 바카라Welcome CJI to Kashmir. Article 370 바카라 a constitutional commitment of this nation to the people of J&K was illegally revoked. This is despite earlier Supreme Court rulings against its abrogation. It has been four years yet the matter is still pending before the Honourable Court.바카라
Who have challenged Article 370 abrogation?
Mainly, the petitioners challenging the abrogation of Article 370 are the political parties of J&K. They have said that the Centre is not interested in the hearing of the case.
Former J&K CM Abdullah has been saying that the Bharatiya Janata Party (BJP) government does not want a hearing of petitions challenging the validity of revocation of Article 370 in the Supreme Court 바카라as it would be impossible for it to defend abrogation of Article 370바카라.
Shah Faesal, People바카라s Union of Civil Liberties (PUCL), Jammu and Kashmir High Court Bar Association, National Conference, and other political parties are the petitioners challenging the abrogation of Article 370 and the subsequent bifurcation of the erstwhile state of J&K into two UTs in the Supreme Court.
The progress of the pleas in Supreme Court
On August 28, 2019, notice was issued by the Supreme Court but no stay was granted.
Later in September 2019, Sajad Lone바카라s Jammu & Kashmir People바카라s Conference filed a writ petition before the Supreme Court, arguing that the state of Jammu and Kashmir had a separate Constitution and the Parliament had 바카라limited scope바카라 to enact legislation for the state.
바카라Therefore, by a Parliamentary Act, the powers given to the State of Jammu and Kashmir by its own Constitution could not have been abrogated by merely taking away Article 370,바카라 said the plea.
In the petition, the party noted that the Presidential orders of August 5 and August 6 on Article 370 are 바카라unconstitutional바카라 as the concurrence of the popularly-elected state government was not taken.
The Supreme Court heard the matter on the December 10-12, 2019 and in January 2020.
On March 2, 2020, the Supreme Court ruled that there was no reason for the matter to be referred to a larger bench.
In June 2020, a five-judge constitution bench took up the petitions. The bench observed that the 바카라Supreme Court can always turn the clock back바카라. The constitution bench, which was headed by Justice NV Ramana at the time, also said, 바카라The court cannot hear such a matter without getting a response from the government.바카라
How has the BJP responded to calls to challenge to Article 370?
Since the abrogation of Article 370 and bifurcation of J&K into two Union Territories on August 5, 2019, the BJP leaders and senior Union ministers have ridiculed any talk of restoration of Article 370.
On November 19, 2020, the then-Union Minister for Minority Affairs Mukhtar Abbas Naqvi stated in Kashmir that Article 370 had been buried 370 miles deep and you would have to go 370 miles deep to restore it.
Naqvi, addressing BJP workers at Kupwara in north Kashmir, argued that the people of J&K were deprived of political rights only because of Article 370 and 35A and that was due to the dynasty rule since regional parties kept J&K away from the real mainstream and that people too were not aware of the constitutional rights.
