The Supreme Court of India is set to hear a series of about 23 lawsuits challenging the Center’s decision to repeal Article 370 of the Constitution. The article granted special status to the state of Jammu and Kashmir.
Headed by CJI DY Chandrachud, a five-judge bench will hear the charges. The Supreme Court’s decision to hear these allegations comes four years after the state of Jammu and Kashmir (formerly) was re-established as two UTs, Jammu and Kashmir and Ladakh in 2019. The hearing will be held. held on July 11, 2023.
Related issues
The Presidential Orders of August 5-6, 2019 and the Jammu and Kashmir Reorganization Act, 2019 were challenged.
Order dated 5 August entitled Constitutional Order (Applies to Jammu and Kashmir), 2019 was issued under Article 370(1)(d) of the Constitution of India, replacing Presidential Order of 1954 giving Article 35A , made the state of Jammu and Kashmir able to determine who are permanent residents and also to form special laws for them.
The Supreme Court’s website posted a notice that the bench will look into multiple allegations by multiple people, one of which was filed by IAS officer Shah Faesal.
IAS Shah Faesal and his pleas
IAS Shah Faesal was the first Kashmiri to top the all-India civil service exam, since the 2010 batch. The official was detained for more than a year after Article 370 was abolished.
As a result, the official resigned and in January 2019, established the Jammu and Kashmir People’s Movement (JKPM), a political body.
Even after the cadre resigned, the Government did not accept the resignation. Instead, the government assigned the minister, who is a professional doctor, to work for the trade union culture ministry.
In 2019, the Center decided to remove the special status of Jammu and Kashmir and further divide it into two Union Territories.
In the same year, the Constitutional Committee was tasked with administering numerous petitions opposing the Center’s decision to revoke Article 370, while also enforcing the Jammu and Kashmir Reorganization Act, 2019.
Hearings 2020
On March 2, 2020, petitions challenging the central government’s August 2019 decision were made in the supreme court. At the time, a bench of five judges headed by Justice NV Ramana denied the request to move the indictments to a larger bench. The court clarified that the court order was in fact limited to the limited preliminary question of whether the matter should be referred to a larger panel. It was also made clear that the order did not consider any matter based on the merits of the dispute.
Judges R. Subhash Reddy, Sanjay Kishan Kau; Surya Kant and BR Gavai are the other members of the Bench. Last year in January, Justice Reddy retired. Justice Ramana also retired last August as Chief Justice of India.
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Source: vcmp.edu.vn