Supreme Court Declines to Revisit Article 370 Abrogation Decision

A Supreme Court Bench led by Chief Justice DY Chandrachud, including Justices Sanjiv Khanna, BR Gavai, Surya Kant, and AS Bopanna, dismissed the review petitions against the Article 370 abrogation verdict on May 1. The Court found no apparent error and ruled no case for review under Order XLVII Rule 1 of the Supreme Court Rules 2013. The case is Awami National Conference vs Union of India and anr.

Here is the full story:

• Review petitions contested the Supreme Court’s December 2023 ruling upholding the elimination of Article 370, which previously granted special status to Jammu and Kashmir, deeming it a transitory provision.
• The Court declined to determine the validity of the 2019 law facilitating Jammu and Kashmir’s division into two Union Territories post-Article 370’s revocation, a contentious move.
• Instead, Chief Justice DY Chandrachud’s Bench noted Solicitor General Tushar Mehta’s assurance that statehood would be reinstated in due course, sparking criticism.
• Former Supreme Court judge Justice Rohinton Nariman criticized the verdict, citing its detrimental impact on federalism and enabling the Union government to circumvent Article 356, which allows President’s Rule in a state for a year.
• Renowned jurist and Senior Advocate Fali S Nariman lamented the absence of any dissenting judgment in the case.

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