ARTICLE 370: SC SETS UP THE CONSTITUTION BENCH TO HEAR PLEAS CHALLENGING REPEAL OF J&K SPECIAL STATUS

INTRODUCTION

The Honourable Supreme Court of India had set up a Constitution Bench comprising Justices N V Ramana, Sanjay Kishen Kaul, R Subash Reddy, B R Gavai and Surya Kant to hear about the petitions regarding the Presidential orders under the Article 370 which has to be revoked by the Special Status of Jammu & Kashmir from 1st October 2019, as per the official reports.

On 28th August 2019, The bench of Chief Justice of India Gogoi, Justice Bobde and Abdul Nazeer while referring to the matter to the Constitution Bench, as of bringing it into the consideration as many as of the 15 petitions challenging the presidential orders.

THE PETITIONERS

Among the National Conference Leaders, Mohammed Akbar Lone and Hasnain Masoodi ( who is popularly known as the former judge of J&K High Court), former IAS officer and J&K politician Shah Faesel, activist Shehla Rashid, Kashmiri Lawyer Shakur Shabir, Advocate M L Sharma, are some of the list of petitioners.

It also challenged the Constitutional validity of Jammu & Kashmir Reorganization Act 2019, which will bifurcate the state into Jammu & Kashmir and Ladakh.

CONCLUSION

The Order which was issued by the President Mr.Ram Math Govind dated on 5th August under the proviso of Article 370(3) of the Constitution which had the effect of nullifying Article 35A of the Constitution and making it into the provision of Indian Constitution which is applicable to Jammu & Kashmir. Following the order which was passed on 6th August 2018, reads down that Article 370 revokes the special status of Jammu & Kashmir.

-Vijayalakshmi Raju

Student Reporter, INBA.