sc-denies-review-of-article-370-abrogation-decision

The Supreme Court has dismissed petitions seeking a review of its judgement that upheld the Union government’s 2019 decision to abrogate Article 370. This article of the Constitution had conferred special status on Jammu and Kashmir.

 

A five-judge Constitution bench, led by Chief Justice of India DY Chandrachud and including Justices Sanjiv Khanna, BR Gavai, Surya Kant, and AS Bopanna, concluded that there was no apparent error in their earlier verdict.

 

On May 1, the Supreme Court stated that after examining the review petitions, no errors were found on the face of the record. Hence, there was no justification for a review under the Supreme Court Rules 2013. Consequently, the review petitions were dismissed.

 

In December, the five-judge bench had unanimously validated the Centre’s 2019 decision to revoke Article 370. The court highlighted that Article 370 was a temporary provision intended to address wartime conditions in the state, serving a transitional purpose.

 

Additionally, the court considered Solicitor General Tushar Mehta’s statement that the statehood of Jammu and Kashmir would be restored, except for the Union Territory of Ladakh.

 

The bench determined it was unnecessary to debate whether the reorganisation of Jammu and Kashmir into two Union Territories was permissible under Article 3, given the assurance of the restoration of statehood.

 

They upheld the decision to create the Union Territory of Ladakh under Article 3(a) read with explanation I, which allows for the formation of a Union Territory by separating territory from a state.

 

The court directed the Election Commission of India to take steps to conduct elections to the Legislative Assembly of Jammu and Kashmir by September 30, 2024. It emphasised that the restoration of statehood should happen as soon as possible.

 

This judgement came in response to a series of petitions challenging the abrogation of Article 370 and the bifurcation of the state into two Union Territories.

 

These petitions were filed by private individuals, lawyers, activists, politicians, and political parties opposing the Jammu and Kashmir Reorganisation Act, 2019, which split Jammu and Kashmir into the Union Territories of Jammu and Kashmir, and Ladakh.

 

On August 5, 2019, the Central government had announced the revocation of Jammu and Kashmir's special status under Article 370. This move transformed the region into two separate Union Territories, leading to widespread legal challenges and public debates.

 

The Supreme Court’s recent decision reaffirms its earlier stance, concluding a significant chapter in the legal and political history of Jammu and Kashmir.