Article 370: Supreme Court to Deliver Landmark Verdict on Monday

New Delhi: The Supreme Court is set to announce its verdict on Monday regarding the constitutional validity of the Centre’s decision on August 5, 2019, to abrogate the provisions of Article 370, which granted special status to Jammu and Kashmir. The five-judge Constitution bench, led by Chief Justice D Y Chandrachud, will deliver the verdict after a 16-day hearing that concluded on September 5.

During the hearing, attorneys representing the Centre, including Attorney General R Venkataramani and Solicitor General Tushar Mehta, defended the decision, while senior advocates such as Kapil Sibal and Gopal Subramanium argued on behalf of the petitioners. The key issues discussed included the constitutional validity of the abrogation of Article 370, the Jammu and Kashmir Reorganisation Act, which divided the state into Union territories, and challenges to the imposition of governor’s and president’s rule.

The Supreme Court raised questions about the revocation of Article 370 in the absence of a constituent Assembly in Jammu and Kashmir, which is usually required for such decisions. Additionally, the court questioned the transformation of a temporary provision into a permanent one after the Jammu and Kashmir Constituent Assembly’s tenure ended in 1957.

Some petitioners contended that Article 370 could not be repealed as the constituent Assembly’s term had ended in 1957, leading to its extinction. They argued that Article 370 gained permanent status after the constituent Assembly ceased to exist. The Centre countered, asserting there was no constitutional fraud in annulling the provision that accorded special status to Jammu and Kashmir.

The verdict, scheduled for December 11, will provide clarity on the constitutional validity of the decision to abrogate Article 370 and the subsequent reorganization of Jammu and Kashmir.