NEW DELHI, Aug 21: The Supreme Court of India has dismissed a plea put forward on Monday, which sought a declaration of the constitutional validity of the abrogation of Article 370. This article had granted special status to the former state of Jammu and Kashmir.
The bench, led by Chief Justice D Y Chandrachud, termed the plea as “misconceived.” The bench further pointed out that the matter of the constitutional validity of Article 370’s abrogation is already under consideration by a constitution bench of the apex court.
Expressing skepticism, the bench inquired, “What sort of petition is this? You now seek a declaration from this court that the abrogation of Article 370 is valid. Why should we issue such a declaration based on your plea? Who has authorized your client to make this request?” The bench, consisting of Justices J B Pardiwala and Manoj Misra in addition to the Chief Justice, posed these questions to the petitioner’s counsel.
The bench highlighted that the petitioner had filed a Public Interest Litigation (PIL) requesting a declaration that the abrogation of Article 370(1) and the removal of Article 35-A were constitutionally sound.
“The court cannot issue a declaration concerning the constitutional validity of actions undertaken by the Union Government. Furthermore, the issue of constitutional validity is already being reviewed by the constitution bench,” the bench clarified.
The top court firmly stated, “The present petition is flawed in its premise and is consequently dismissed.”
Article 35-A, integrated into the Constitution through a Presidential Order in 1954, bestowed special privileges to the residents of Jammu and Kashmir, barring non-residents from acquiring immovable property within the state. Additionally, it deprived women who married non-residents of property rights.
On August 5, 2019, the central government decided to remove the special status of Jammu and Kashmir and divide it into two union territories. The abrogation of Article 370 effectively revoked the special status of the region.
Currently, a five-judge constitution bench, presided over by the Chief Justice, is deliberating a series of petitions challenging the abrogation of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019. This act resulted in the division of the former state into two union territories, Jammu and Kashmir, and Ladakh.
