The Supreme Court on Tuesday said that the argument that the application of the Constitution of India to Jammu and Kashmir (J&K) would remain frozen after the dissolution of the J&K Constituent Assembly in 1957 cannot be accepted.
The petitioners apprised a five-judge Constitution Bench that the abrogation of Article 370 which pertains to a historically religious minority is a regressive step and that constitutional promise made to the people of J&K in the wake of the horrific partition violence must be upheld.
Senior advocate P.C Sen also pointed out that there is no material on record to show why the imposition of the President’s Rule under Article 356 was necessary in J&K right before the abrogation.
In its last hearing on August 17, the top court appeared unenthusiastic to accept an “invitation” to judicially review the “wisdom” behind the Union government’s decision to abrogate Article 370, which had given a special status to Jammu and Kashmir.
On August 5, 2019, the Centre decided to strip the erstwhile State of Jammu and Kashmir of special status and bifurcate it into two Union Territories. By abrogating Article 370, the Central Government revoked the special status of Jammu and Kashmir. Several petitions challenging the abrogation of the provisions of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, were referred to a Constitution Bench in 2019.Get the latest news from Supreme Court hearing on Article 370 abrogation | Day 1 | Day 2 | Day 3 | Day 4 | Day 5 | Day 6 | Day 7