Whether removing Article 370 from Jammu and Kashmir was justified or not, the discussion has concluded before the Supreme Court. Several petitions were submitted in the Supreme Court to reinstate Article 370 in Jammu and Kashmir, and a 16-day hearing was conducted on these petitions. The Supreme Court has now preserved its decision. It is worth emphasizing that the hearing on the petitions challenging the decision to remove Article 370 from Jammu and Kashmir lasted for 16 days. The petitioners urge the reinstatement of Article 370 in Jammu and Kashmir and the restoration of its full statehood.
Under the guidance of Chief Justice, a five-judge Constitution Bench considered the petitions related to Article 370. The Bench comprises Chief Justice Dipak Misra, Justices S.K. Kaul, Sanjiv Khanna, B.R. Gavai, and Suryakant.
Senior lawyers Kapil Sibal, Gopal Subramanium, Rajeev Dhavan, Jafar Shah, and Dushyant Dave offered their thoughts in favor of reviving Article 370. On the other hand, Attorney General R. Venkataramani, Solicitor General Tushar Mehta, Senior Counsel Harish Salve, Rakesh Dwivedi, and V. Giri argued in favor of the government’s decision to abolish Article 370.
On the last day of the hearing, the Supreme Court stated that if the petitioners or the opposing party wish to make written representations, they might do so in the next three days.
What were the key topics of disagreement throughout the hearing?
During the 16-day hearing, lawyers for both sides disputed several matters. This contained discussions about the constitutional legality of the actions made by the Central Government in 2019. The petitioners stated that Article 370 could only be revoked by the Constituent Assembly.
Currently, the state is under President’s control, which also received scrutiny. The Supreme Court asked the administration whether Parliament could have separated Jammu and Kashmir during President’s rule.
A scolding for one of the petitioners
Among those who submitted petitions demanding the reinstatement of Article 370 is Mohammad Akbar Lone, a Member of Parliament from the National Conference. He received a scolding from the court. In reality, the Root in Kashmir, an organization representing Kashmiri victims, accused Mohammad Akbar Lone of yelling pro-Pakistan slogans at the Jammu and Kashmir Legislative Assembly. Not only that, but they also wanted a promise of allegiance to India from him.
Article 370 was abolished in 2019
It should be remembered that Article 370 of the Constitution conferred special status to the erstwhile state of Jammu and Kashmir, which the government abolished on August 5, 2019. Along with this, Jammu and Kashmir was partitioned into two union territories. Both were established separate centrally managed regions. The Central Government has said that in the future, Jammu and Kashmir will be made a full-fledged state once again.”
