Supreme Court junks review petitions against Article 370 verdict
- In Reports
- 12:47 PM, May 22, 2024
- Myind Staff
The Supreme Court has refused to review its December 2023 ruling, which unanimously supported the Union government's August 2019 decision to revoke Article 370 which granted special status to Jammu & Kashmir.
After considering several review petitions challenging the judgment, a five-judge bench concluded that there was “no error apparent on the face of the record” that would justify re-examining the verdict.
“The review petitions are, therefore, dismissed,” said the bench, led by Chief Justice of India Dhananjaya Y Chandrachud. The other members of the bench included justices Sanjiv Khanna, BR Gavai, Surya Kant and AS Bopanna (since retired). The review petitions were considered by the judges in their chambers through circulation on May 1. The order was, however, released on Tuesday.
Those seeking a review of the verdict included the Jammu and Kashmir High Court Bar Association, Awami National Conference, advocate Muzaffar Iqbal Khan, and Jammu and Kashmir People’s Movement. All of them were parties in the original proceedings that led to the December 11 judgment.
The court also refused to rule on the validity of the Presidential rule imposed in Jammu and Kashmir in Dec 2018. CJI Chandrachud noted, "Every decision taken by Union on behalf of State during Presidential rule not open to challenge...this will lead to the administration of state to a standstill."
The constitution bench said that the Jammu and Kashmir constituent assembly was never intended to be permanent and its recommendations were not binding on the President. "When the J&K constituent assembly ceased to exist, the special conditions for which Article 370 was introduced also ceased to exist but the provision had continued due to the situation in the state," the CJI said.
The December 2023 verdict by a five-judge bench described the abrogation as the “culmination of the process of integration” of the former state into the Union of India. In a historic decision that closed a chapter that began with the accession of Jammu & Kashmir to India in 1947, when the region's political future was uncertain, the judges declared the abrogation a valid exercise of presidential power, stating that Article 370 was always intended to be a temporary provision.
The 2023 judgment held that the abrogation of Article 370 was a “policy decision” and that it “completely falls within the realm of the executive” to determine whether special circumstances warranted a unique solution through the abrogation.
The judgment also directed the Election Commission of India to conduct elections for the J&K legislative assembly by September 30, 2024, and instructed the Centre to restore statehood to the region “as soon as possible”.
However, the top court refrained from ruling on the constitutional validity of reorganising the state of J&K into the two Union territories of Ladakh and J&K, noting the Centre's assurance that J&K's statehood would eventually be restored.
Penning a separate judgment, Justice Kaul, also implored the Centre to set up a “Truth and Reconciliation Commission” for a structural investigation into violation of human rights in J&K by both State and non-state actors and lay down a framework for restoration of social fabric, coexistence and reconciliation.
Image source: ANI
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