The Supreme Court of India is set to hear a group of petitions challenging the revocation of Article 370, which granted special status to the region of Jammu and Kashmir and its subsequent division into two Union territories. After a gap of over three years, a five-judge Constitution Bench, consisting of Chief Justice of India DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, will address the preliminary matters and establish a date for the commencement of the hearing.
The central government filed an additional affidavit emphasizing that the abrogation of Article 370 in August 2019 has brought about an “unprecedented era of peace” in Jammu and Kashmir and Ladakh. The affidavit by the Union Home Ministry explained that the removal of Article 370 was necessary to combat terrorism, as the region had been experiencing its adverse effects for the past three decades. It further highlighted the normal functioning of institutions, including schools, colleges, and industries in the Valley, as well as the progress in industrial development.
The petitions argue that the scrapping of Article 370 during President’s Rule, through a Presidential proclamation, violates the democratic rights of the people of Jammu and Kashmir. The process of revocation and bifurcation took place after the imposition of President’s Rule, when the state assembly was non-functional. Notably, no assembly election has been held in the region since June 2018, when the Bharatiya Janata Party (BJP) withdrew from the ruling alliance with the People’s Democratic Party.
In summary, the Supreme Court will examine the legality of scrapping Article 370 without the consent of the people of Jammu and Kashmir, as well as the constitutionality of dividing the state into two Union territories. The hearing holds significance in determining the implications of these decisions on the democratic rights and peace in the region.
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