Date: August 2, 2023

The Supreme Court of India has commenced the long-awaited final hearing on the petitions challenging the abrogation of Article 370 in the State of Jammu and Kashmir. 

Nearly four years after the Central Government's decision to revoke the special status of Jammu and Kashmir, the matter is now before a Constitution Bench, led by Chief Justice DY Chandrachud, along with Justices SK Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant.

Article 370 of the Indian Constitution granted special autonomy to Jammu and Kashmir, allowing the state to draft its own Constitution and limiting the legislative powers of the Indian Parliament over the region. The special status was revoked on August 5, 2019, through the issuance of Presidential Orders, and the state was bifurcated into two Union Territories - Jammu and Kashmir, and Ladakh.

During the eight-day hearing before the Constitution Bench, both sides presented their arguments. The petitioners contended that the abrogation of Article 370 was unconstitutional, as it required the concurrence of the State's Constituent Assembly, which no longer existed. They also raised concerns over the legality of the President's Rule in J&K and the subsequent bifurcation of the state.

On the other hand, the Centre defended its actions, asserting that the President's powers under Article 370(1)(d) were broad and allowed for the modifications and exceptions needed to revoke the special status. They argued that the Parliament, acting on behalf of the President under the President's Rule, had the authority to legislate in the state.

One of the significant points of contention was whether the matter should be referred to a 7-judge bench due to conflicting opinions rendered by coordinate benches of the Supreme Court in two earlier cases. However, the current Constitution Bench declined the request, stating that the context and issues raised in the earlier cases were different, and thus, there was no conflict in the judgments.

After facing delays, the case was finally listed for hearings in August 2023. The outcome of this final hearing will have significant implications for the future of Jammu and Kashmir and is being closely watched by the nation.