The Supreme Court is hearing from August 2 a batch of petitions challenging the abrogation of Article 370 of the Constitution that bestowed special status on the erstwhile State of Jammu and Kashmir. A five-judge constitution Bench headed by Chief Justice D.Y. Chandrachud has been conducting day-to-day hearings.
August 08, 2023 09:57 am | Updated 10:12 am IST
A view of the Supreme Court of India, in New Delhi.
| Photo Credit:
ANI
The Supreme Court has been adjudicating upon a batch of petitions challenging the abrogation of Article 370 of the Constitution that bestowed special status on the erstwhile State of Jammu and Kashmir.
A five-judge constitution Bench headed by Chief Justice D.Y. Chandrachud heard extensive arguments from senior advocate Kapil Sibal who appeared on behalf of the petitioners. The Bench, also comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, B.R. Gavai, and Surya Kant, will resume hearing the case today from 10:30 a.m. onwards.
The court on August 3 asked whether Article 370, which gave special status to Jammu and Kashmir, is being equated to the Basic Structure of the Constitution. The bench was reacting to Mr. Sibal’s submission that there was no constitutional process available to abrogate Article 370, and the provision had attained a “permanent character” after 1957 when the Jammu and Kashmir Constituent Assembly dissolved, leaving the Article unchanged.
Castigating the manner in which the process of abrogation was carried out, the senior counsel stated that it was a ‘political act’ and that the Governor and the Union government were working in tandem to invalidate Article 370.
During the hearing, Chief Justice D.Y Chandrachud enquired as to whether Article 370 was a provision in the Constitution that lay beyond the amending powers of the Constitution. Echoing similar concerns, Justice B.R. Gavai asked if Article 370 can be perceived to be unamendable especially since the Constitution is a living document.
Also Read | OPINION | Understanding Article 370
The court had earlier also raised the question as to whether the President’s power to declare inoperative Article 370 of the Constitution, which granted special status to Jammu and Kashmir, will not continue to hold the field after the dissolution of the erstwhile State’s Constituent Assembly on January 26, 1957.
Get the latest news from Supreme Court hearing on Article 370 abrogation | Day 1 | Day 2
August 08, 2023 09:49
Bench to resume hearing arguments from 10:30am today, to be live-streamed on YouTube
The Constitution Bench comprising CJI DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice BR Gavai, and Justice Surya Kant will resume
hearing arguments from 10:30 am today.
The hearing will be made available live on the Supreme Court’s YouTube page.
August 08, 2023 09:46
Post-1957, President retains power to scrap Article 370: Supreme Court
The Supreme Court on August 2 raised the question whether the President’s power to declare inoperative Article 370 of the Constitution, which granted special status to Jammu and Kashmir, will not continue to hold the field after the dissolution of the erstwhile State’s Constituent Assembly on January 26, 1957. Read more here.
August 08, 2023 09:46
Is Article 370 being equated to Basic Structure of Constitution, asks Supreme Court
The Supreme Court on August 3 asked whether Article 370, which gave special status to Jammu and Kashmir, is being equated to the Basic Structure of the Constitution.
A Constitution Bench headed by Chief Justice of India D.Y. Chandrachud was reacting to senior advocate Kapil Sibal’s submission that there was no constitutional process available to abrogate Article 370, and the provision had attained a “permanent character” after 1957 when the Jammu and Kashmir Constituent Assembly dissolved, leaving the Article unchanged. Read more here.
August 08, 2023 09:45
Supreme Court hearing on Article 370 abrogation | Day 2 updates
Supreme Court hearing on Article 370 abrogation | Day 2
Supreme Court hearing on Article 370 abrogation | Day 2
August 08, 2023 09:44
Supreme Court hearing on Article 370 abrogation | Day 1 updates
Supreme Court hearing on Article 370 abrogation | Day 1
The Supreme Court is scheduled to hear from August 2 a batch of petitions challenging abrogation of Article 370 of the Constitution that bestowed special status on the erstwhile State of Jammu and Kashmir. A five-judge constitution Bench headed by Chief Justice D.Y. Chandrachud will conduct day-to-day hearing from today.
