In a significant development, the Supreme Court of India has constituted a fresh constitution bench to hear a batch of petitions challenging the abrogation of Article 370. The much-awaited hearing is scheduled to take place on July 11, 2023. The bench, entrusted with this crucial matter, comprises Chief Justice of India DY Chandrachud, Justice SK Kaul, Justice Sanjiv Khanna, Justice BR Gavai, and Justice Surya Kant. Notably, these petitions are being listed for the first time after March 2, 2020.
The hearings on the Article 370 cases initially commenced before a 5-judge bench back in December 2019, nearly four months after the Central government issued notifications in August 2019. During the proceedings, a preliminary issue arose concerning whether a reference to a 7-judge bench was necessary due to alleged divergence in opinions expressed by two coordinate benches of the Supreme Court in the cases of Prem Nath Kaul and Sampath Prakash. Resolving this matter, the Constitution Bench, through a judgment dated March 2, 2020, concluded that there was no need for a larger Bench to be involved.
However, since then, the matter had not been listed for further hearings. In April 2022, the then Chief Justice of India, NV Ramana, refrained from providing a definitive response when the matter was sought to be listed. Subsequently, in September 2022, during the tenure of former Chief Justice UU Lalit, it was agreed to list the petitions. After Chief Justice UU Lalit’s term ended, the matter was mentioned on two separate occasions before the current Chief Justice of India, DY Chandrachud, who expressed his inclination to list the matter for hearing.
It is noteworthy that among the previous bench members who heard the matter, Justices NV Ramana and Subhash Reddy have since retired. Consequently, Chief Justice DY Chandrachud and Justice Sanjiv Khanna have joined the latest constitution bench to preside over the upcoming proceedings.
The abrogation of Article 370, which provided special autonomous status to Jammu and Kashmir, has been a contentious issue since its implementation. The petitions challenging the constitutional validity of the abrogation hold immense significance, and the outcome of this hearing is eagerly awaited by all concerned stakeholders.
With the constitution of the fresh bench, the stage is now set for a crucial legal battle that will shape the future course of action regarding Article 370. As the hearing date approaches, anticipation mounts as to how the Supreme Court will address the complex issues at hand and deliver a landmark verdict that will have far-reaching consequences for the nation.
The legal fraternity, political circles, and citizens across the country will be keenly observing the proceedings on July 11, hoping for a just and definitive resolution to this longstanding and contentious matter.
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The Chenab Times News Desk
