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On August 5, 2019, the Union Government passed a resolution in Parliament to repeal Article 370 of the Constitution of India, which gave the state of Jammu and Kashmir special status.
Three days later, Prime Minister Narendra Modi said in his televised address, “We have removed the clauses in Article 370 that have been a hindrance to the development of J&K and Ladakh.”
The people of Jammu and Kashmir and Ladakh have been disenfranchised. With the abrogation of Article 370, the dreams of Sardar Vallabhbhai Patel, BR Ambedkar and Syama Prasad Mukerji have come true. A new era has now begun in Jammu and Kashmir.”
After the repeal of Article 370, more than 20 petitions were filed challenging the constitutional validity of the Center’s decision to repeal Article 370.
The first petitioner
Lawyer ML Sharma was the first to challenge the constitutional legality of the union government’s decision to repeal Article 370.
4 CJIs, 3.5 years
The hearing started in December 2019 when Justice Sharad Arvind Bobdi was the Chief Justice. It was then mentioned in April 2022 before then Chief Justice Nevada Ramanna. Then after that it was mentioned before Chief Justice UU Lalit who agreed to include the petitions, but they were not included in his tenure. Finally, it is now inserted when Justice D. Y. Chandrachod is the Chief Justice.
In the past three and a half years, two judges have retired from the last constitutional body that dealt with this issue. Justices Nevada Ramana and Subhash Reddy who were part of the original bench have retired and have been replaced by Chief Justice Chandrachod and Justice Sanjeev Khanna.
On March 2, 2020, the Constitutional Commission of the Supreme Court ruled that it would not be necessary to refer the matter to a seven-judge panel.
Shah Faisal withdraws petition
One of the petitions was filed by Indian Administrative Service (IAS) officer Shah Faisal. Faisal resigned from IAS in January 2019 and put forward his own political party, Jammu and Kashmir People’s Movement. Later he left politics and party and in April 2022 he was reinstated as an IAS officer.
Shah Faisal later withdrew his petition as well.
In September 2022, Faisal was transferred to the Supreme Court seeking to have his name withdrawn from the list of petitioners to challenge the presidential order to revoke Article 370 of the constitution.
Shahla Rashid, the former leader of the Jawaharlal Nehru Student Union (JNUSU), has opted to withdraw her petition.
As all the petitions challenging the repeal of Article 370 were grouped together, the title was “Shah Faisal and the Goddess”. v Union of India and Anwar. However, as Shah Faisal withdrew his petition, he was asked to change the title of the case. The Supreme Court issued an order to that effect on Tuesday and the case will now be known as In ‘Re:Article 370 Petitions’.
Affidavit from the central government
According to the Life Act on July 10, the central government has filed a new affidavit on the matter and stated that its decision to dilute Article 370 in 2019 by revoking the special status of Jammu and Kashmir has brought about ‘unprecedented development and progress in our time’. security and stability in the region.
The center defended its move by saying that in the past three years, schools, colleges, universities, hospitals and other public institutions have been operating without any strikes or disturbances. “The past practices of hartals, strikes, stone-throwing and bonfires are now a thing of the past,” the government said.
Now, petitions challenging the repeal of Section 370 will be heard starting August 2, when the Supreme Court begins hearing the case on a daily basis. It will be one of the most watched cases after India’s independence with far-reaching constitutional and political ramifications.
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