A Constitution Bench led by Chief Justice of India D.Y. Chandrachud will take up on July 11 a series of petitions challenging the dilution of Article 370 of the Constitution. This deprived Jammu and Kashmir of its special privileges and led to the bifurcation of the State in 2019.
The five-judge Bench, besides the CJI, would have Justices Sanjay Kishan Kaul, Sanjeev Khanna, B.R. Gavai and Surya Kant as Associate Judges.
The five judges are the senior most in the court and also members of the Supreme Court Collegium. Justices Khanna, Gavai and Kant are in line to be CJIs as per seniority norm in the future.
The case last mentioned by the petitioners on February 17 for early listing. And the CJI had agreed to give a specific date for the hearing.
Since 2020
The Article 370 case has been pending in the Supreme Court for over two years.
The case had not come up after a five-judge Bench refused to refer the petitions to a larger Bench in March 2020.
The petitions have challenged a Presidential Order of August 5, 2019 which blunted Article 370.
The Article had accorded special rights and privileges to the people of J&K since 1954 in accordance with the Instrument of Accession.
The special status bestowed on J&K by incorporating Article 35A in the Constitution. Article 35A incorporated by an order of President Rajendra Prasad in 1954 on the advice of the Jawaharlal Nehru Cabinet.
The Parliament not consulted when the President incorporated Article 35A into the Constitution through a Presidential Order issued under Article 370.
The petitions have said what happened to J&K “goes to the heart of Indian federalism”.
They said the Presidential Order took cover of a temporary situation, meant to hold the field until the return of the elected government.
Thus, to accomplish a fundamental, permanent and irreversible alteration of the status of the State of J&K without the concurrence, consultation or recommendation of the people of that State, acting through their elected representatives.