Title: Supreme Court Begins Hearing on Article 370 Petitions
Subtitle: Constitutional session questions the permanence of Article 370 after Jammu and Kashmir Assembly term ended in 1957
New Delhi: The hearing on petitions challenging the abrogation of Article 370, which granted special status to Jammu and Kashmir, commenced in the Supreme Court two days ago. Chief Justice Chandrachud presided over the constitutional session, with senior advocate Kapil Sibal representing the petitioners.
The judges raised questions regarding the temporary nature of Article 370 after the term of the Jammu and Kashmir Assembly ended in 1957. They questioned, “How can Article 370, mentioned as temporary in the Constitution, become permanent?”
Clause 3 of Article 370 specifies that the President may terminate the article. However, the Chief Justice of the Supreme Court pointed out that a recommendation from the assembly might be necessary before issuing such a notification.
Responding to this, Kapil Sibal argued, “This case has been filed because the President cannot abrogate Article 370 without the recommendation of the Legislative Assembly.”
Justice Kawai interjected, asking, “After the Jammu and Kashmir Legislative Assembly’s term concluded in 1957, can anything be done regarding Article 370?”
Sibal countered, saying, “Article 370 has been nullified through political action. It is not a constitutional act. Parliament has abrogated Article 370, performing the function of the Legislative Assembly. Can such power be exercised?”
The investigation resumed yesterday, with the trial taking place on days other than Monday and Friday within the Supreme Court. The progress of the case and the arguments presented will shape the outcome of the petitions challenging the abrogation of Article 370.
Article 370’s repeal in 2019 led to the enactment of the Jammu and Kashmir Reorganization Act, which divided Jammu and Kashmir and Ladakh into two separate Union Territories. This decision had been met with both support and opposition, resulting in numerous legal challenges reaching the highest court in the land.
The Supreme Court’s ruling on the validity of the abrogation and the constitutionality of Article 370 could have far-reaching implications for the region and its political landscape. As the proceedings continue, the nation awaits the court’s verdict on this significant matter.