Supreme Court To Hear Landmark Petitions Challenging Revocation Of Article 370
New Delhi, 10th July 2023: The Chief Justice of India, DY Chandrachud, will lead a five-judge constitution bench of the Supreme Court in hearing nearly 23 petitions that challenge the Indian government’s choice to revoke Article 370 of the Constitution was a significant decision that brought about substantial changes. Article 370 granted special status to Jammu and Kashmir, and its abrogation led to the bifurcation of the state into two Union Territories, Jammu and Kashmir, and Ladakh. The petitioners argue that the constitutional provisions were violated during this decision. It is noteworthy that the court’s consideration of these pleas comes almost four years after Article 370 was scrapped on August 5, 2019.
Article 370 of the Indian Constitution provided special status to the state of Jammu and Kashmir, exempting it from certain laws applicable to other states. It allowed Jammu and Kashmir to have a separate constitution, a state flag, and internal administrative autonomy while being a part of India from 1952 until October 31, 2019. Under this provision, except for matters related to Defense, Foreign Affairs, Communications, and Ancillary issues, the state government’s concurrence was required for the application of other laws.
Article 370 granted residents of Jammu and Kashmir the privilege of living under a distinct set of laws regarding citizenship, fundamental rights, property rights, and more, separate from those applicable to other Indian citizens. Article 35A, which falls under Article 370, provided special privileges and rights to the people of Kashmir. It prohibited outsiders from permanently settling or acquiring immovable property in the state and also barred non-permanent residents from obtaining government jobs in the state.
Sheikh Abdullah, who was appointed as the Prime Minister of Jammu and Kashmir by Maharaja Hari Singh and Jawaharlal Nehru, drafted Article 370 in 1947. The provision came into force on November 17, 1952, following advice from the State Constituent Assembly of Jammu and Kashmir. A presidential order in 1954 specified the articles that applied to the state and introduced Article 35A.
Article 370 was revoked by the ruling party Bhartiya Janata Party on August 5, 2019. Its abolition meant that the people of Jammu and Kashmir no longer had dual citizenship and were treated the same as other Indian citizens. The revocation was supported by a resolution that received a two-thirds majority in both chambers of the Indian parliament. Additionally, the Jammu and Kashmir Reorganisation Act, 2019 was passed, leading to the division of the state into the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh on October 31, 2019. Following the decision, restrictions were imposed on leaders, schools were closed, and internet services were suspended, all preceding a state of lockdown in the Valley.
The Supreme Court received a total of 23 petitions challenging the government’s decision to revoke Article 370, leading to the formation of a five-judge bench. These petitions contest the constitutional validity of the Presidential Orders of August 2019 and The Jammu and Kashmir Reorganisation Act, 2019. The J&K Reorganisation Act of 2019, which resulted in the reorganization of the state into two Union Territories, is also being challenged. The petitions raise concerns about the imposition of a curfew, the alteration of India’s federal structure by dividing the state without the consent of its people, and the proclamation of President’s Rule in the state in December 2018. The Supreme Court is scheduled to hear these petitions on July 11, 2023.
