The constitutional appeal against the 2019 repeal of Article 370 of the Constitution, which provided Jammu and Kashmir special status, was heard by the Supreme Court of India beginning on August 2. In this case, hearings have been held repeatedly by a Constitution Bench led by Chief Justice of India D.Y. Chandrachud and including Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant. The five judges make up the Supreme Court Collegium and are the most experienced members of the Court.
The Jammu and Kashmir Reorganisation Act, 2019 (2019 Act), as well as the Presidential Orders of August 5 and 6, 2019, have both been the subject of several petitions that claim they are unconstitutional. The main legal issues that have thus far been raised in the proceedings.
On August 22, the Supreme Court rejected a claim made by petitioners that Article 370 ceased to be in effect the moment the Jammu and Kashmir Constitution was adopted in 1957Senior attorney Dinesh Dwivedi testified on behalf of a petitioner before a Constitution Bench presided over by Chief Justice of India D.Y. Chandrachud in the challenge to the repeal of Article 370, asserting that the Indian Constitution no longer applied to J&K and that the State Constitution took precedence.
The National Conference (NC) and the Peoples Democratic Party (PDP), the regional parties in Jammu and Kashmir, expressed delight and hope in the case as the petitioners contesting the repeal of Article 370 wrapped up their Supreme Court arguments on Wednesday.
“I appreciate all the lawyers who spoke in support of Article 370. People who disagreed with the judgement made on August 5, 2019, got the impression they weren’t fighting by themselves. Arguments that were strong and constitutionally sound were made. We couldn’t have performed much better, in my opinion. Former J&K Chief Minister and NC vice president Omar Abdullah remarked, “We are still awaiting the verdict.
He pointed out that the NC has adhered to its pledge to contest the decision of the BJP-led Union government peacefully and legally According to Mr. Abdullah, they did not let the youth of the country get to the streets. He was surprised to see people who did not stand in the SC to be a part of it even if they had not yet taken a position on Article 370.”One leader thanked Prime Minister Narendra Modi for repealing the provisions of Article 370 during the all-party meeting. The same politician is currently supporting Article 370,” Mr. Abdullah remarked.
He continued by stating that the attorneys had done a great job articulating the case before the SC. In particular, Mr Abdullah thanked Kapil Sibal and Gopal Subramanium for the outstanding job they performed in defending the two petitions that his colleagues had submitted on behalf of the NC. Mehbooba Mufti, the head of the PDP, also praised senior attorney Nitya Ramakrishnan for her outstanding job.
