Article 370 | 'We need answers from the Centre', says CJI DY Chandrachud

Article 370 | 'We need answers from the Centre', says CJI DY Chandrachud

Today, the Supreme Court held 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. headed by CJI DY Chandrachud said 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.''

We need answers from the Centre', says CJI DY Chandrachud

Senior advocate P.C Sen submitted 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.

During the hearing today, CJI adirected all counsels to prepare one-page argument to them on Wednesday. 

Advocate Nitya Ramakrishnan to continue her arguments on shared sovereignty and integration principle on Wednesday. 

Senior Advocate Maneka Guruswamy, Manish Tiwari and Gopal Shankarnarayan will also submit their arguments. 

Supreme Court concludes hearing on the abrogation of Article 370 and will resume it on Wednesday. 

During the last hearing on August 17, the Supreme 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 Central Government took the significant step of removing the special status of the former state of Jammu and Kashmir and dividing it into two Union Territories. This involved the revocation of Article 370, which had previously granted Jammu and Kashmir its unique special status. Numerous petitions were filed challenging the abrogation of Article 370 and the implementation of the Jammu and Kashmir Reorganisation Act, 2019. These petitions were subsequently referred to a Constitution Bench in 2019 for legal examination and deliberation.

 

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