All You Need To Know About Supreme Court’s Upcoming August 2 Hearing on Article 370 Petitions

The Supreme Court said on Tuesday that it would begin hearing appeals on August 2 contesting the repeal of Article 370 of the Constitution, which granted the former state of Jammu and Kashmir unique status.

The Supreme Court was expected to consider a number of petitions contesting the repeal of Article 370, which granted Jammu and Kashmir special status, and the state’s subsequent division into two Union territories on Tuesday.

The five-judge Constitution Bench of the supreme court will handle the introductions and provide procedural instructions about the filing of papers and written submissions.

The court will also specify a start date for the hearing.

The Chief Justice of India, DY Chandrachud, together with Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant will make up the SC bench.

What took place on August 5, 2019?
On August 5, 2019, the BJP-led Centre government repealed Articles 370 and 35 A, which granted Jammu and Kashmir in the nation unique status. The state was reduced and split into J&K and Ladakh, two Union Territories.

After a succession of legislative and administrative actions to repeal Article 370, Parliament approved the Jammu and Kashmir Reorganisation Act to split the state in half.

What will the Supreme Court likely look at in this case?
The court will likely consider whether Jammu and Kashmir’s split into two Union territories was constitutional as well as whether Parliament could have repealed Article 370 without the approval of its people.

In a new affidavit submitted on Monday, the Centre claimed that the decision to repeal Article 370 in August 2019 had ushered in a “unprecedented era of peace” in Jammu & Kashmir and Ladakh.

“For the last three decades, Jammu & Kashmir has been the worst hit by terrorism. The only way to stop it, according to the Union Home Ministry’s affidavit, was to repeal Article 370.

“Today, the Valley’s essential institutions, such as its universities, businesses, and industries, are operating properly. People who formerly lived in dread are now living calmly as industrial growth proceeds, according to the affidavit.

When was the last time the case was heard?
A separate five-judge panel last heard the case in March 2020. The bench had declined to send the case to a bigger, seven-judge bench at that hearing.

What events led to the abolition of the J&K’s special status?
When President’s Rule was implemented and there was no state assembly, the procedure was started.Article 370 was repealed under President’s Rule by a Presidential proclamation, according to the petitions filed before the SC opposing the ruling, which claimed that this was a breach of the democratic rights of the Jammu and Kashmiri people.
After the BJP ended its partnership with Mehbooba Mufti’s PDP, President’s Rule was imposed in Jammu & Kashmir.

In J&K, will there be an elected government after 5 August 2019?
No, the former state of Jammu and Kashmir currently has no elected government. Since 2014, there haven’t been any assembly elections in the area.

How are the political leaders of Jammu and Kashmir responding to the SC’s affidavit submitted by the Centre about Article 370?
Mehbooba Mufti and Omar Abdullah, two former chief ministers of Jammu and Kashmir, have criticized the Centre’s affidavit submitted to the Supreme Court over the repeal of Article 370.

Both have said that it “lacked logic” and was unsupported by the constitution.

“The Center’s defense is illogical… Abrogating Article 370 (is) unlawful and unconstitutional, according to PDP President Mehbooba Mufti.

It was “brute majority that was used to subvert the Indian constitution that extended guarantees to the people of J&K & GOI also violated earlier rulings of Hon’ble SC which held that only J&K’s constituent assembly could recommend the removal of Article 370 to the President of India,” she added.

The former BJP ally further said that the region’s “drum beating about an enforced silence” cannot be used to “justify constitutional harakiri.”

Omar Abdullah, the head of the National Conference, also posted on Twitter that the government’s justifications were purely political and had no basis in law.

These are undoubtedly political justifications the BJP/Union Government may use to persuade voters to support their choice, but they are not legal ones.

“The entire case in the SC is about the illegality & unconstitutionality of what was done on 5th August 2019, not whether the Govt has a strong enough political case,” Abdullah stated.

According to a PTI report, PDP leader Naeem Akhtar and CPI-Marxist leader M. Y. Tarigami also criticized the government’s argument before the Supreme Court, saying its account was false.

“I don’t believe the Constitution has any anti-terrorism provisions. For its unlawful acts in Jammu and Kashmir, the Centre has no legitimate constitutional or legal defense. They have so entered the territory of terrorism, according to Akhtar.

The Armed Forces Special Powers Act, or AFSPA, is in effect in numerous states, but only Jammu and Kashmir was singled out as especially susceptible, according to him.

“Those states have not been reduced to the status of Union Territories. The residents of that state have not been penalized. They have solely targeted Jammu and Kashmir, said Akhtar.

The PDP leader said that the party has complete trust in the judicial system.

“We have full faith in the judiciary, and this august forum has already twice upheld Article 370 as a permanent feature of the Indian Constitution in the absence of a constituent assembly in J&K, which ended its role in 1954,” he said.

Tarigami said that even a quick glance at the Supreme Court affidavit submitted by the Centre would show that it is untrue.

The truth is being concealed. Do we not recall how tranquil Jammu and Kashmir was before to 1990? stated Tarigami.

“Why did a riot break out? Due to the erosion of JK’s unique status, hostile forces had an opportunity to cause disruption.

“What took occur in 2019? With the stroke of a pen, they imprisoned the whole leadership and removed the unique constitutional protections, he said.

“We oppose imposed peace. We want a democratic society in which people’s rights are upheld. Because of this, we have applied to the SC to get our rights restored,” Tarigami added.

He emphasized that the only way to bring peace and prosperity to the people of Jammu and Kashmir is to restore the unique provisions of the constitution.

Before 2019, was there no tourism? Was there previously no calm? Since 2014, why have there been no elections? How did the BJP initially join the coalition administration in Jammu and Kashmir in 2014? For there to be peace,” the Marxist leader said.