5-judge Supreme Court bench to hear pleas against abrogation of Article 370 in Jammu and Kashmir

A five-judge constitution bench of the Supreme Court, headed by Chief Justice of India DY Chandrachud, will hear on July 11 the petitions challenging the abrogation of Article 370 in Jammu and Kashmir. Besides CJI BY Chandrachud, the five-judge bench comprises of Justices Sanjay Kishan Kail, Sanjiv Khanna, BR Gavai and Surya Kant. The hearing will be on July 11. The case has been listed as Shah Faesal and Others v/s Union of India and others.

A notice has been issued indicating that a constitutional bench, headed by Chief Justice of India (CJI) DY Chandrachud, will address the matter and provide procedural instructions to prepare the case for hearing.

More than 20 petitions have been filed challenging the constitutionality of the Indian government's decision to revoke Article 370, which removed the "special status" of Jammu and Kashmir. Petitioners argue that the decision violated constitutional provisions.

Mehbooba Mufti, the president of the People's Democratic Party (PDP), had recently requested an expedited hearing for the group of petitions contesting the revocation of Article 370 in August 2019. She expressed concern about the petitions pending in the Supreme Court for the past four years and the plight of individuals, particularly the youth, who are incarcerated without trial in Jammu and Kashmir and beyond.

The Abrogation of Article 370

Before 2019, Jammu and Kashmir enjoyed the benefits of Article 370, which granted it special status in terms of autonomy and legislative powers for the state's permanent residents. However, in August 2019, during Prime Minister Narendra Modi's second term, his government decided to revoke the article, leading to significant controversy within the political landscape of the region and among the local residents.

This decision fulfilled one of the promises made in the Bharatiya Janata Party's (BJP) 2014 election manifesto. While BJP members hailed it as a historic move, opposition parties strongly criticized it as a "catastrophic step" and a "black day for democracy."

Lieutenant Governor Manoj Sinha recently emphasized the importance of equal justice deeply rooted in Indian culture. Sinha pointed out that Article 370 had prevented the extension of central legislation to a significant portion of society in Jammu and Kashmir for almost seven decades, denying them legitimate citizenship benefits. The abrogation of Article 370, he argued, played a crucial role in ensuring social equity and inclusive development in the region.