SC Agrees To Hear Pleas Challenging Abrogation Of Article 370, Bifurcation Of Kashmir Into Two UTs

Several petitions are pending before the Supreme Court challenging the constitutionality of the law repealing Article 370 of the Constitution and granting Jammu and Kashmir special status as well as dividing the state into two Union Territories.

By Shivam Shandilya
Fri, 23 Sep 2022 01:15 PM IST
Minute Read
SC Agrees To Hear Pleas Challenging Abrogation Of Article 370, Bifurcation Of Kashmir Into Two UTs
Supreme Court of India (File Image)

THE SUPREME Court on Friday agreed to list the pleas challenging the Centre's decision to abrogate provisions of Article 370 and the bifurcation of Jammu and Kashmir into two union territories after Dussehra vacation.The Dusshera break will begin on October 3 and will end on October 9.

A bench comprising of Chief Justice Uday Umesh Lalit and justices Indira Banerjee and S.Ravindra Bhat took note of a counsel's submission that the pleas were assured of being listed after the summer vacation but could not be listed.

"We will certainly list it," said a bench headed by Chief Justice of India (CJI) UU Lalit.

The counsel seeking an urgent hearing told the bench that the case had been pending for a year.

Former Chief Justice of India NV Ramana previously stated that he will try to list a slew of petitions challenging the constitutionality of the law repealing Article 370 in July.

Several petitions are pending before the Supreme Court challenging the constitutionality of the law repealing Article 370 of the Constitution and granting Jammu and Kashmir special status as well as dividing the state into two Union Territories.

Later, some petitions were filed against the government's delimitation action under the Jammu and Kashmir Reorganization Act, 2019.

These petitions allege that the Centre is enacting sweeping changes that have impacted the rights of a large number of people. Despite the fact that the petition has been pending before the Supreme Court since 2019, the petition claims that the central government has taken some irreversible actions.

According to the petitions, the Centre has formed a delimitation commission to draw boundaries in the territory for all constituencies before an assembly election can be held.

In March 2020, a five-judge bench declined to refer to a larger seven-judge bench a batch of petitions challenging the constitutional validity of the Centre's decision to repeal Article 370 provisions on August 5, stating that there were no reasons to refer the matter to a larger bench.

A number of petitions have been filed in the Supreme Court, including those from private individuals, lawyers, activists, politicians, and political parties, challenging the Jammu and Kashmir Reorganisation Act, 2019, which divides the state into two Union Territories: Jammu and Kashmir and Ladakh.

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