The Supreme Court of India is ready to hear a set of about 23 petitions opposing the Center’s decision to repeal Article 370 of the Constitution. The Article gave special status to the state of Jammu and Kashmir.
Headed by CJI DY Chandrachud, a five-judge bench will hear the pleas. The Supreme Court’s decision to hear these pleas came four years after the state of Jammu and Kashmir (formerly) was reunited into two UTs, Jammu and Kashmir and Ladakh in 2019. Hearings will be held on July 11, 2023.
Related issues
The Presidential Orders of August 5-6, 2019 and the Jammu and Kashmir Reorganization Act 2019 were challenged.
The Decree of August 5 titled Constitutional Ordinance (Applicable to Jammu and Kashmir) of 2019 was adopted under Article 370(1)(d) of the Constitution of India, thereby replacing the Ordinance of The President in 1954 introduced Article 35A, which regulated this state. Jammu and Kashmir has the ability to determine who is a permanent resident, as well as form special laws for them.
The Supreme Court website has announced that the court will consider multiple pleas submitted by multiple people, one of which is by IAS officer Shah Faesal.
IAS Shah Faesal and his plea
IAS Shah Faesal was the first Kashmiri to top the All India Civil Service Exam, since the 2010 batch. The officer was detained for more than a year after the abolition of Article 370.
As a result, the official resigned and established the Jammu and Kashmir People’s Movement (JKPM), a political body, in January 2019.
Even after the officer resigned, the government still did not accept the resignation. Instead, the government assigned the minister, who was a professional doctor, to the Union Culture Ministry.
In 2019, the Center decided to remove the special status of Jammu and Kashmir and divide it into two Union Territories.
In the same year, a Constitution executive board was tasked with addressing numerous petitions opposing the Center’s decision to repeal Article 370 and enforce the Jammu and Kashmir Reorganization Act of 2019.
2020 hearing
It was on March 2, 2020, when petitions against the decision of the Central Government of August 2019 were brought to the apex court. At this point, the bench of five presiding judges of Justice NV Ramana rejected the prayer transferring the plea to a larger bench. The Court has clarified that its order is indeed limited to the preliminary matter having a limit on whether the matter should be referred to a larger Court. It also clarifies that the order has not considered any matter based on the merits of the dispute.
Justices R Subhash Reddy, Sanjay Kishan Kau; Surya Kant and BR Gavai are the other members on the bench. Last January, Judge Reddy retired. Judge Ramana also retired last August as Chief Justice of India.
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Source: pagasa.edu.vn