In a recent development, the Supreme Court of India has dismissed a Public Interest Litigation (PIL) petition that sought to declare the abrogation of Article 370 of the Constitution, which granted special status to the former state of Jammu and Kashmir, as constitutionally valid. The PIL was rejected on the grounds of being “misconceived,” as per a bench led by Chief Justice of India, DY Chandrachud.
During the proceedings on Monday, the bench posed pointed questions, querying the nature of the petition and the motivations behind it. Chief Justice Chandrachud inquired, “What kind of a petition is this? You are now seeking a declaration by this court that the abrogation of Article 370 is valid. Why should we issue that declaration on your petition? Who has set your client up?” The court’s response highlighted the unusual nature of the plea, which sought a declaration of validity from the court itself.
The Chief Justice further pointed out that the matter of the constitutional validity of Article 370’s abrogation was already under consideration by a constitutional bench. The petitioner’s counsel was reminded that a five-judge Constitution Bench led by Chief Justice Chandrachud had been hearing arguments since August 2, 2023, regarding the challenges raised against the abrogation of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019. This act had led to the reorganization of the former state into two Union Territories: Jammu and Kashmir, and Ladakh.
The court asserted, “A declaration cannot be issued by this court with regard to the constitutional validity of the action of the Union Government. In any event, the issue of constitutional validity is pending before the Constitution Bench.”
The abrogation of Article 370, which granted a special status to the region, was initiated by the Indian government on August 5, 2019. The move was met with a mix of opinions and reactions from various quarters.
This recent development reflects the Supreme Court’s cautious approach to addressing the constitutional implications of the Article 370 abrogation and underscores its commitment to thoroughly examining the matter through appropriate legal channels.
As of now, the court proceedings continue, with the Constitution Bench meticulously considering the arguments and perspectives surrounding the abrogation of Article 370 and its constitutional validity.
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The Chenab Times News Desk
