- SC upholded the abrogation of Article 370 in December 2023
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Petitions are filed by National Conference, Awami National Conference and CPI (M) leaders
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Article 370 had conferred special status to Jammu and Kashmir
New Delhi: Petitions have been filed before the Supreme Court seeking review of its recent judgment upholding the abrogation of Article 370 of the Constitution, which had earlier conferred a special status to the erstwhile state of Jammu and Kashmir.
One review petition has been filed by National Conference leader Muzaffar Iqbal Khan, and another by the Awami National Conference. Both parties were among the petitioners in the Article 370 case. Mohammed Yousuf Tarigami of CPI (M) has also filed a review of the said judgment of the Supreme Court.
The Five Judge Bench of the Supreme Court on December 11, 2023, unanimously upheld the Central government’s 2019 decision to abrogate Article 370 of the Constitution holding that it was a transitory provision.
A five-judge Constitution bench comprising Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice BR Gavai, and Justice Surya Kant said Article 370 was enacted due to wartime conditions in the state and was meant to serve a transitional purpose.
The Supreme Court bench had refused to decide on the validity of the 2019 law which had paved the way for the bifurcation of Jammu and Kashmir into two Union Territories in the aftermath of the abrogation of Article 370 and noted that statehood would be restored to the region
The petitioners, challenging the abrogation of Article 370, had said that Article 370 was no longer a temporary provision and that it had assumed permanence post the dissolution of the Constituent Assembly of Jammu and Kashmir.
