New Delhi: Petitions have been filed in the Supreme Court (SC) seeking a review of its judgement, which upheld the validity of the Union government’s 2019 decision to abrogate Article 370 of the Constitution, which conferred the special status of Jammu and Kashmir.
Doctor Hussain, president of the J&K People’s Movement and Muzzafar Shah, president of the J&K Awami National Conference, told ANI that they have filed review petitions in the apex court.
“Article 370 cannot be killed. We have filed a review petition against the SC’s judgement on Article 370. We will debate it in court,” Muzzafar Shah told ANI.
Mohammed Yousuf Tarigami of CPI (M), the National Conference, Advocate Muzzafar Iqbal and the PDP have also filed review petitions.
Last month, a five-judge Constitution bench upheld the abrogation of the Center’s decision on the abrogation of Article 370 while pointing out that Article 370 is a “temporary provision.”
A five-judge Constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant said Article 370 was enacted due to wartime conditions in the state and was meant to serve a transitional purpose.
The apex court had said Article 370 was enacted due to wartime conditions in the state and was meant to serve a transitional purpose.
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.
The top court held that the State of Jammu and Kashmir did not retain an element of sovereignty when it joined the Union of India.
The apex court said that although Maharaja Hari Singh, the erstwhile ruler of the princely state, proclaimed that he would retain his sovereignty, his successor Karan Singh issued another proclamation that the Indian Constitution would prevail over all other laws in the state.
It added, “The Proclamation reflects the full and final surrender of sovereignty by Jammu and Kashmir, through its sovereign ruler, to India–to her people who are sovereign.”
The apex court said that simply because the Constituent Assembly ceased to exist, it did not mean Article 370 would continue permanently.
“The President was empowered to issue the order to abrogate Article 370,” the top court added.
It took note of Solicitor General Tushar Mehta’s submission that the statehood of Jammu and Kashmir will be restored, except for the Union Territory of Ladakh. It had directed that steps be taken by the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir by September 30, 2024.
Restoration of statehood shall take place at the earliest and as soon as possible, it added. The verdict of the Constitution Bench came on a batch of petitions challenging the abrogation of Article 370 of the Constitution and bifurcating the state into two Union Territories.
A number of petitions were filed in the top court, including those of private individuals, lawyers, activists, politicians and political parties challenging the Jammu and Kashmir Reorganisation Act, 2019, which splits Jammu and Kashmir into two Union Territories — Jammu and Kashmir and Ladakh.
On August 5, 2019, the Central government announced the revocation of the special status of Jammu and Kashmir granted under Article 370 and split the region into two Union territories.