The 5-judge bench who pronounced their verdict on Article 370 abrogation, on December 11, 2023. Photo/Screen grab from SC live-stream  
J&K

Supreme Court Dismisses Review Petitions on Article 370 Abrogation

A five-judge bench, including Chief Justice DY Chandrachud and Justices Sanjiv Khanna, BR Gavai, Surya Kant, and AS Bopanna, concluded there was no apparent error in their December 11, 2023 judgment.

KT EDITORIAL


NEW DELHI: The Supreme Court has dismissed petitions seeking a review of its decision to uphold the abrogation of Article 370, which granted special status to Jammu and Kashmir.

A five-judge bench, including Chief Justice DY Chandrachud and Justices Sanjiv Khanna, BR Gavai, Surya Kant, and AS Bopanna, concluded there was no apparent error in their December 11, 2023 judgment.

The bench, in an order dated May 1, stated: “Having perused the review petitions, there is no error apparent on the face of the record. No case for review under Order XLVII Rule 1 of the Supreme Court Rules 2013. The review petitions are, therefore, dismissed.”

The Supreme Court had previously upheld the Presidential Orders that removed Jammu and Kashmir’s special status but did not rule on the constitutionality of the J&K Reorganisation Act.

This decision was influenced by the Solicitor General’s assurance that statehood for Jammu and Kashmir would be restored soon. The Court set a deadline of September 30, 2024, for holding elections to the legislative assembly of J&K.

Furthermore, the Court affirmed the creation of Ladakh as a separate Union Territory, stating that Parliament has the authority to carve out a Union Territory from a state without the state assembly’s input.

The review petitions had been filed by Doctor Hussain, chief of the Jammu and Kashmir People’s Movement and Muzaffar Shah, president of the Jammu and Kashmir Awami National Conference.

The petitioners argued that Article 370 had become permanent after the dissolution of the Jammu and Kashmir Constituent Assembly in 1957.

However, the Supreme Court clarified that Jammu and Kashmir’s internal sovereignty after its accession to India in 1947 was not different from that of other states.

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