Supreme Court to Commence Day-to-Day Hearing on Challenges to Article 370 Abrogation

Background of the Case

The Supreme Court is set to begin hearing a series of petitions questioning the abrogation of Article 370, which granted special status to the former state of Jammu and Kashmir. A five-judge constitution bench, led by Chief Justice DY Chandrachud, will conduct the proceedings on a day-to-day basis, except for Mondays and Fridays, starting from August 2. This move comes after the bench fixed July 27 as the deadline for filing written submissions and convenience compilations from different parties involved.

Focus of the Hearing

The bench, comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, will address the central issue of the abrogation of Article 370 and the subsequent enactment of the Jammu and Kashmir Reorganisation Act, 2019. The Act resulted in the bifurcation of the erstwhile state into two separate union territories – Jammu and Kashmir, and Ladakh. Numerous petitions challenging these decisions were referred to the Constitution bench in 2019.

Day-to-Day Hearing for Expeditious Resolution

The five-judge bench has adopted a special schedule for the hearing, with proceedings taking place daily, except on Mondays and Fridays, which are reserved for miscellaneous matters in the apex court. The court aims to expedite the resolution of the case by conducting hearings regularly and efficiently.

Convenience Compilation to Facilitate Understanding

In preparation for the hearing, the bench appointed two lawyers, representing the petitioners' and the government's sides respectively, to create a convenience compilation of the case. This compilation serves as a concise overview of the entire matter, assisting the court in quickly grasping the relevant facts and arguments presented by both parties. The compilation was required to be submitted by July 27, and the court clarified that no further documents would be accepted after this date.

Clarification on Centre's Affidavit

The court made it clear that the affidavit filed by the Central Government regarding the prevailing conditions in Jammu and Kashmir after the August 5, 2019 notification, which revoked Article 370, will not impact the constitutional issue to be adjudicated by the five-judge bench. The focus of the hearing will solely be on the constitutional implications of the abrogation and the subsequent reorganization of the region.

Significance of Article 370 Abrogation

On August 5, 2019, the Central Government took the historic step of abrogating Article 370, which granted special autonomy to Jammu and Kashmir. The region was also reorganized into two union territories – Jammu and Kashmir, and Ladakh. The move brought significant changes to the political and administrative landscape of the region and triggered a series of legal challenges questioning the constitutionality of the decision.

Conclusion

The Supreme Court's forthcoming day-to-day hearing on the challenges to the abrogation of Article 370 and the reorganization of Jammu and Kashmir into union territories holds immense significance. The court's deliberations are expected to provide clarity on the constitutional validity of these decisions, impacting the future governance and autonomy of the region.

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