February 27, 2024

The constitutional enchantment in opposition to the 2019 repeal of Article 370 of the Structure, which supplied Jammu and Kashmir particular standing, was heard by the Supreme Courtroom of India starting on August 2. On this case, hearings have been held repeatedly by a Structure Bench led by Chief Justice of India D.Y. Chandrachud and together with Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant. The 5 judges make up the Supreme Courtroom Collegium and are probably the most skilled members of the Courtroom.

[National Conference Vice President Omar Abdullah and Mehbooba  Mufti thank their lawyers in the  Supreme  Court  hearingImage Source: The Hindu]

The Jammu and Kashmir Reorganisation Act, 2019 (2019 Act), in addition to the Presidential Orders of August 5 and 6, 2019, have each been the topic of a number of petitions that declare they’re unconstitutional. The primary authorized points which have to this point been raised within the proceedings.

On August 22, the Supreme Courtroom rejected a declare made by petitioners that Article 370 ceased to be in impact the second the Jammu and Kashmir Structure was adopted in 1957Senior lawyer Dinesh Dwivedi testified on behalf of a petitioner earlier than a Structure Bench presided over by Chief Justice of India D.Y. Chandrachud within the problem to the repeal of Article 370, asserting that the Indian Structure now not utilized to J&Okay and that the State Structure took priority.

The Nationwide Convention (NC) and the Peoples Democratic Get together (PDP), the regional events in Jammu and Kashmir, expressed delight and hope within the case because the petitioners contesting the repeal of Article 370 wrapped up their Supreme Courtroom arguments on Wednesday.

“I recognize all of the attorneys who spoke in help of Article 370. Individuals who disagreed with the judgement made on August 5, 2019, bought the impression they weren’t combating by themselves. Arguments that had been sturdy and constitutionally sound had been made. We couldn’t have carried out significantly better, for my part. Former J&Okay Chief Minister and NC vice chairman Omar Abdullah remarked, “We’re nonetheless awaiting the decision.

He identified that the NC has adhered to its pledge to contest the choice of the BJP-led Union authorities peacefully and legally  In keeping with Mr. Abdullah, they didn’t let the youth of the nation get to the streets. He was shocked to see individuals who didn’t stand within the SC to be part of it even when they’d not but taken a place on Article 370.”One chief thanked Prime Minister Narendra Modi for repealing the provisions of Article 370 in the course of the all-party assembly. The identical politician is at present supporting Article 370,” Mr. Abdullah remarked.

He continued by stating that the attorneys had executed an ideal job articulating the case earlier than the SC. Specifically, Mr Abdullah thanked Kapil Sibal and Gopal Subramanium for the excellent job they carried out in defending the 2 petitions that his colleagues had submitted on behalf of the NC. Mehbooba Mufti, the top of the PDP, additionally praised senior lawyer Nitya Ramakrishnan for her excellent job.