Four years after the abrogation of Article 370 of the constitution, the Supreme Court Constitution Bench led by Chief Justice of India DY Chandrachud will hear a batch of 20-odd petitions challenging the central government’s decision. The abrogation of Article 370, gave special status to the erstwhile State of Jammu & Kashmir.
According to reports, the bench also includes Justice Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant. The case has been listed for directions on July 11, when the apex court will also take up the issue of whether the petition filed by bureaucrat Shah Faesal can be withdrawn. More than 20 petitions are pending before the top court of the country challenging the Central government’s move to abrogate Article 370 of the Constitution. This move by the Central government led to the revocation of Jammu and Kashmir’s special status.
Earlier when the matters were last listed on March 2, 2020, a five-judge Constitution Bench of the Supreme Court decided not to refer the batch of petition to seven-judge Constitution Bench. The petitioners claimed that two Supreme Court Judgements namely Prem Nath Kaul v. State of Jammu & Kashmir and Sampat Prakash v. State of Jammu & Kashmir, which was rendered by five-judge benches and dealt with the interpretation of Article 370, was in conflict.
Nonetheless, the five-judge bench that was hearing the case denied to refer the matter to a large bench, mentioning that there was no conflict between the two aforesaid judgements. Reportedly, the pleas were also put forward before a bench led by Chief Justice of India Chandrachud in February this year. The Chief Justice of India then stated that he would take a call on listing the same.
Notably, Justice NV Ramana and Subhash Reddy of the previous bench which heard the matter have retired. Justice Sanjiv Khanna and CJI DY Chandrachud are the new members from the recent constituted bench.
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