Constitution Bench To Hear Petitions Challenging Abrogation Of Article 370 In J&K

Nearly four years after the abrogation of Article 370, which granted special status to Jammu & Kashmir, Chief Justice of India DY Chandrachud will lead a Constitution Bench to hear a batch of 20 petitions challenging the Central government’s action.

Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant will also be part of the Bench.

The case is scheduled for directions on July 11, and the Court will address the issue of whether bureaucrat Shah Faesal’s petition can be withdrawn.

Over 20 petitions remain pending before the Supreme Court, contesting the abrogation of Article 370 and the subsequent transformation of Jammu and Kashmir into two Union Territories.

In March 2020, a five-judge Constitution Bench declined to refer the petitions to a larger bench, despite some petitioners requesting such a reference due to conflicting judgments on the interpretation of Article 370. The bench determined that there was no conflict between the two judgments – Prem Nath Kaul v. State of Jammu & Kashmir and Sampat Prakash v. State of Jammu & Kashmir.

The matter was mentioned before Chief Justice Chandrachud’s bench in February, and he expressed his intention to consider listing the case.