NEW DELHI, Aug 21: On Monday, the Supreme Court rejected a petition asking for a finding that the Constitution’s abrogation of Article 370, which granted the former state of Jammu and Kashmir special status, was constitutionally valid.
A bench led by Chief Justice D Y Chandrachud described the argument as “misconceived” and noted that a constitution bench of the supreme court is now considering the constitutionality of the repeal of Article 370.
Is this a petition of any kind? You are now asking this court to rule that Article 370 has been formally abrogated.Why should we make such statement regarding your petition? Who manipulated your client? The justices J B Pardiwala and Manoj Misra, who were also on the bench, questioned the petitioner’s attorney.
The petitioner filed a public interest lawsuit (PIL) asking for a declaration that Article 370 (1) of the Constitution should be repealed and that Article 35-A should be deleted, and the bench took note of this.
“This court cannot make a declaration regarding the constitutionality of the Union Government’s action. In any case, the constitution bench is still considering the question of constitutional legality, it stated.The top court stated, “The present petition is misconceived and is accordingly dismissed.”
Jammu and Kashmir residents were granted unique rights and benefits under Article 35-A, which was added to the Constitution by a presidential order in 1954. It also prohibited anybody from outside the state from obtaining any immovable property there.
A lady who married someone from outside the state was likewise denied her right to own property.On August 5, 2019, the federal government made the decision to divide the former state of Jammu and Kashmir into two union territories and revoke its special status. The national government had removed Jammu and Kashmir’s unique status by repealing Article 370. Arguments are being heard on a number of petitions against the repeal of Article 370’s provisions and the Jammu and Kashmir Reorganisation Act, 2019, which divided the once one state into the union territories of Jammu and Kashmir and Ladakh.
