Article 370 judgment is a case of constitutional monism
1 year, 3 months ago

Article 370 judgment is a case of constitutional monism

The Hindu  

More than four years after the abrogation of Article 370, the Supreme Court of India, on Monday, unanimously upheld the actions of the Indian government. The Court rejects the argument that Article 370 had gained permanence after the dissolution of the Constituent Assembly as this ‘is premised on the understanding that the constitutional body had unbridled power to alter the constitutional integration of the State with the Union’. The Court also relies on Clause 3 to hold that Clause 1 could be operated without the concurrence of the State government since ‘the effect of applying all the provisions of the Constitution to Jammu and Kashmir through the exercise of power under Article 370 is the same as issuing a notification under Article 370’. The relation of powers here does not mean that the President becomes ‘subordinate’ to the Constituent Assembly but that power as a federal arrangement has been distributed across multiple axes under Article 370. Holding that the President has the untrammelled power to abrogate Article 370 and order a total application of the Indian Constitution to the State to the effect that the State’s Constitution becomes inoperative is an ‘unbridled power’ that defies the logic of federalism and constitutional democracy.

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History of this topic

The Supreme Court's Contentious Jurisprudence Under CJI DY Chandrachud
4 months, 3 weeks ago

The Supreme Court's Contentious Jurisprudence Under CJI DY Chandrachud

The Quint  

Effectively, the court ruled that the President of India can abrogate Article 370 even after the dissolution of the “Constituent Assembly” of J&K State - something that formed the bedrock of the special constitutional arrangement between J&K and the Indian Dominion, and recognised under Article 370. Holding that J&K did not retain any internal sovereignty after accession, the majority opinion …

CJI DY Chandrachud bids adieu to Supreme Court: Top 5 crucial verdicts delivered by him
4 months, 3 weeks ago

CJI DY Chandrachud bids adieu to Supreme Court: Top 5 crucial verdicts delivered by him

India TV News  

On the last day in the Supreme Court, Chief Justice DY Chandrachud leaves behind a legacy of important decisions on privacy, federalism, LGBTQ+ rights, and more. While addressing his farewell function, Chief Justice of India DY Chandrachud said, "Thank you so much for such a great honour.I would like to thank from the bottom of my heart the Supreme Court …

Supreme Court's Robust Jurisprudential Framework: Ensuring State Rights and Protecting Federalism
5 months ago

Supreme Court's Robust Jurisprudential Framework: Ensuring State Rights and Protecting Federalism

Live Law  

The Supreme Court has created a robust jurisprudential framework to strengthen federalism and ensure state rights are protected. The framework focuses on how the Indian Constitution is interpreted and applied to cases about federal power limits. The Court emphasizes the importance of preserving state powers and that states are not mere appendages of the central government. The CJI also highlights …

Supreme Court's Robust Jurisprudential Framework: Ensuring State Rights and Promoting Federalism
5 months ago

Supreme Court's Robust Jurisprudential Framework: Ensuring State Rights and Promoting Federalism

Live Law  

The Supreme Court has created a robust jurisprudential framework to strengthen federalism and ensure state rights are protected. The framework focuses on how the Indian Constitution is interpreted and applied to cases about federal power limits. The CJI emphasized that the Indian Constitution is very detailed about how power is shared between the central and state governments, and that this …

Five Years of Article 370 Abrogation: A Look at PM Modi’s Historic Move
7 months, 4 weeks ago

Five Years of Article 370 Abrogation: A Look at PM Modi’s Historic Move

News 18  

Prime Minister Narendra Modi’s aspirational and inclusive brand of politics is heralding the winds of change in Jammu and Kashmir, and Ladakh, so that everyone has a shot at growth and equity, with a better quality of life. August 5, 2024, marks the 5th anniversary of the abrogation of Article 370, an exemplary measure by the Modi government, which in …

In Article 370 Verdict, Supreme Court Left Unanswered An Important Issue Of Federalism : Ex-SC Judge Justice Ravindra Bhat
1 year ago

In Article 370 Verdict, Supreme Court Left Unanswered An Important Issue Of Federalism : Ex-SC Judge Justice Ravindra Bhat

Live Law  

On Saturday, retired Supreme Court judge Justice S Ravindra Bhat remarked that the Supreme Court's decision to uphold the abrogation of Article 370 of the Constitution did not address the crucial matter of federalism. It left unanswered an important issue on federalism," Justice Bhat said about the judgment delivered by the Supreme. It left unanswered an important issue on federalism," …

Article 370 order upsets nation’s federal balance
1 year, 3 months ago

Article 370 order upsets nation’s federal balance

Hindustan Times  

The Article 370 judgement of the Supreme Court will have a bearing across the country. The “Article 370” case primarily deals with legal issues concerning the extent of the sovereignty of the erstwhile state of Jammu and Kashmir within the Indian constitutional architecture, the validity of the Jammu and Kashmir Reorganisation Act 2019, the two constitutional orders issued by the …

Article 370 | Supreme Court’s order won’t affect our position on Ladakh, says China
1 year, 3 months ago

Article 370 | Supreme Court’s order won’t affect our position on Ladakh, says China

The Hindu  

The Supreme Court’s verdict on Article 370 will not impact the Chinese position on Ladakh, a spokesperson for the Chinese government said on Wednesday, arguing that the western part of the India- China border has “always belonged to China”. Editorial | Ominously anti-federal: On the Supreme Court’s judgment on Article 370 and J&K’s special status “China has never recognised the …

Article 370 Verdict: Why Opposition Needs to Shed Hypocrisy, Articulate Clear Stand on Kashmir
1 year, 3 months ago

Article 370 Verdict: Why Opposition Needs to Shed Hypocrisy, Articulate Clear Stand on Kashmir

News 18  

The Supreme Court’s landmark verdict affirming the abrogation of Article 370, spearheaded by Prime Minister Narendra Modi’s government, marks an irreversible shift in India’s political landscape. Now, as Opposition parties unite under the banner of ‘I.N.D.I.A’ for the 2024 general elections, it becomes imperative for them to articulate a clear stance on crucial issues like Kashmir and Article 370 revocation. …

India rejects OIC remark on Article 370 verdict: ’Ill-informed & ill-intended’
1 year, 3 months ago

India rejects OIC remark on Article 370 verdict: ’Ill-informed & ill-intended’

Live Mint  

India rejected the statement issued by the General Secretariat of the Organization of Islamic Cooperation on the Indian Supreme Court's judgement upholding the 2019 revocation of Article 370 of the Constitution. It said in a statement on Tuesday, "The General Secretariat, about the decisions and resolutions of the Islamic Summit and the OIC Council of Foreign Ministers related to the …

What removing Kashmir’s special status means for the region’s future
1 year, 3 months ago

What removing Kashmir’s special status means for the region’s future

The Independent  

India’s Supreme Court has upheld the Narendra Modi government’s decision to revoke the special status of Jammu and Kashmir, a constitutional clause that allowed the country’s only Muslim-majority region a high degree of devolved power. On Monday the Supreme Court ruled in favour of the government, finding that Article 370 was only ever a “temporary” provision and that its revocation …

The unanswered question in the Article 370 order
1 year, 3 months ago

The unanswered question in the Article 370 order

Hindustan Times  

In India’s constitutional order, the adjudication of contested questions of law and rights is the responsibility of independent courts. “In view of the submission made by the solicitor general that statehood would be restored of J&K, we do not find it necessary to determine whether the reorganisation of the state of J&K into two UTs of Ladakh and J&K is …

Supreme Court verdict on Article 370 abrogation historic, upholds sovereignty and integrity of India, writes PM Modi
1 year, 3 months ago

Supreme Court verdict on Article 370 abrogation historic, upholds sovereignty and integrity of India, writes PM Modi

Hindustan Times  

On December 11, the Supreme Court delivered a historic judgment on the abrogation of Articles 370 and 35. Yet, I was crystal clear about one thing – that the people of J&K want development and they want to contribute to the development of India based on their strengths and skills. Thus, while serving the people of J&K, we gave primacy …

Breaking down the Supreme Court judgment on J&K, and its wider implications
1 year, 3 months ago

Breaking down the Supreme Court judgment on J&K, and its wider implications

Hindustan Times  

The Constitution bench verdict on the abrogation of Article 370 on Monday settled a spectrum of legal issues rendered complex by historical and political context, and is nuanced by the idea of “complete integration” of Jammu & Kashmir into India’s constitutional scheme. The five-judge bench, comprising Chief Justice of India Dhananjaya Y Chandrachud and justices Sanjay Kishan Kaul, Sanjiv Khanna, …

Congress says debate on Article 370 is over with SC ruling, demands restoration of Statehood, immediate polls
1 year, 3 months ago

Congress says debate on Article 370 is over with SC ruling, demands restoration of Statehood, immediate polls

The Hindu  

December 11, 2023 10:39 pm | Updated December 12, 2023 10:45 am IST - New Delhi The Congress on Monday said the debate on the abrogation of Special Status for Jammu and Kashmir under Article 370 has ended as the Supreme Court verdict is now the law but the party demanded immediate restoration of statehood and holding of Assembly election. …

Giving Article 370 permanent status will undo over 70 years of work to fully integrate J&K with the Union, says SC
1 year, 3 months ago

Giving Article 370 permanent status will undo over 70 years of work to fully integrate J&K with the Union, says SC

The Hindu  

The Supreme Court on Monday said an interpretation that Article 370 attained a permanent character after the dissolution of the J&K Constituent Assembly in 1957 would have undone over 70 years of “collaborative” work to integrate the State with the Union of India. The argument by the petitioners that Jammu and Kashmir would perpetually retain its special status after the …

For Kashmir, life after Article 370
1 year, 3 months ago

For Kashmir, life after Article 370

Hindustan Times  

The unanimous decision of the Supreme Court’s five-judge bench to uphold the Centre’s 2019 decision to abrogate Article 370 should, hopefully, ensure closure in the challenge to the status of Jammu and Kashmir within the Indian Union. In his judgment, Chief Justice of India DY Chandrachud held that Article 370, which gave a special status to J&K, was a transitory …

SC upholds abrogation of Article 370, says move was part of 70-year-old exercise to integrate J&K to the Union
1 year, 3 months ago

SC upholds abrogation of Article 370, says move was part of 70-year-old exercise to integrate J&K to the Union

The Hindu  

December 11, 2023 03:31 pm | Updated December 14, 2023 12:00 pm IST - NEW DELHI A Constitution Bench of the Supreme Court on Monday unanimously upheld the power of the President to abrogate Article 370 in August 2019, leading to the reorganisation of the full-fledged State of Jammu and Kashmir to two Union Territories and denuding it of its …

Supreme Court holds abrogation of Article 370 ‘valid’: Key takeaways
1 year, 3 months ago

Supreme Court holds abrogation of Article 370 ‘valid’: Key takeaways

Hindustan Times  

The Supreme Court on Monday, in a landmark judgment, upheld the central government's decision to abrogate Article 370 of the Constitution in 2019. The five-judge bench comprising Chief Justice DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant The apex court also upheld the validity of the decision to carve out the union territory of …

PM Modi praises Supreme Court’s decision on abrogation of Article 370
1 year, 3 months ago

PM Modi praises Supreme Court’s decision on abrogation of Article 370

Op India  

On Monday, 11th December, Prime Minister Narendra Modi reacted to the Supreme Court’s judgment to uphold the abrogation of Article 370 in Jammu & Kashmir and Ladakh. In a post on X, the PM said, “It is a resounding declaration of hope, progress and unity for our sisters and brothers in Jammu, Kashmir and Ladakh.” PM Modi further assured the …

Article 370: India’s Supreme Court says decision to remove Kashmir’s special status constitutionally valid
1 year, 3 months ago

Article 370: India’s Supreme Court says decision to remove Kashmir’s special status constitutionally valid

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy India’s Supreme Court said on …

Article 370 abrogation in J-K constitutionally valid: Supreme Court backs Centre in landmark verdict
1 year, 3 months ago

Article 370 abrogation in J-K constitutionally valid: Supreme Court backs Centre in landmark verdict

Hindustan Times  

The Supreme Court on Monday upheld the Centre's decision to abrogate Article 370, which granted special status to the erstwhile state of Jammu and Kashmir. Follow Article 370 verdict LIVE Updates The Supreme Court ruling can be seen as a big boost for Prime Minister Narendra Modi and the Bharatiya Janata Party ahead of the 2024 Lok Sabha elections. The …

Jammu and Kashmir surrendered sovereignty after India merger: Supreme Court on Article 370
1 year, 3 months ago

Jammu and Kashmir surrendered sovereignty after India merger: Supreme Court on Article 370

Hindustan Times  

New Delhi: Jammu and Kashmir surrendered completely its sovereignty after it joined the Union of India after Independence, Chief Justice of India DY Chandrachud observed on Monday as he pronounced the verdict of a five-judge bench in a clutch of petitions linked to the abrogation of Article 370. Chief Justice of India DY Chandrachud during pronouncement of verdict on a …

Article 370 verdict: Supreme Court directs ECI to conduct elections in J-K by September 30, 2024
1 year, 3 months ago

Article 370 verdict: Supreme Court directs ECI to conduct elections in J-K by September 30, 2024

Hindustan Times  

Supreme Court Verdict on Article 370: The Supreme Court on Monday directed the Election Commission of India to conduct elections in Jammu and Kashmir by September 30, 2024. Media persons at the Supreme Court complex on the day of the court's verdict on a batch of petitions challenging the abrogation of Article 370 of the Constitution, in New Delhi on …

Supreme Court verdict on Article 370: What is the case all about?
1 year, 3 months ago

Supreme Court verdict on Article 370: What is the case all about?

Firstpost  

A five-judge Constitution Bench of the Supreme Court has delivered its judgment on the constitutionality of the abrogation of Article 370 in Jammu and Kashmir. Here’s a look at the case and its significance “Tomorrow the judges will give their verdict, we hope for justice,” said former Jammu and Kashmir chief minister Omar Abdullah on Sunday, ahead of the Supreme …

Security forces intensify vigil in J&K ahead of SC verdict on Article 370
1 year, 3 months ago

Security forces intensify vigil in J&K ahead of SC verdict on Article 370

The Hindu  

Jammu and Kashmir remains under a tight security cover ahead of the final verdict of the Supreme Court on the Centre’s move to dilute Article 370, ending the seven decades of special status, and split the erstwhile State into two Union Territories of J&K and Ladakh in 2019. The Cyber Police Kashmir on Sunday issued a fresh advisory “to use …

Abrogation of Article 370 in Jammu and Kashmir is constitutionally valid, says SC | Full text
1 year, 3 months ago

Abrogation of Article 370 in Jammu and Kashmir is constitutionally valid, says SC | Full text

India TV News  

A five-judge Constitution bench of the Supreme Court headed by Chief Justice DY Chandrachud on Monday upheld the Centre's decision to abrogate Article 370, which bestowed special status on the erstwhile state of Jammu and Kashmir. Writing the judgement for himself and Justices Gavai and Surya Kant, Chief Justice of India DY Chandrachud said Article 370 of the Constitution was …

'Can't challenge Centre's every decision' to 'J-K is India's integral part': Key highlights of SC verdict
1 year, 3 months ago

'Can't challenge Centre's every decision' to 'J-K is India's integral part': Key highlights of SC verdict

India TV News  

Four years after the revocation of Jammu and Kashmir's special status, the Supreme Court declared on Monday that the Centre's decision to abrogate Article 370 was constitutionally valid. Holding that the power under Article 370 ceases to exist after the dissolution of the Jammu and Kashmir Constituent Assembly will lead to the freezing of the process of integration: CJI. The …

Supreme Court verdict to respond on petitioners claim that Article 370 assumed ‘permanent character’
1 year, 3 months ago

Supreme Court verdict to respond on petitioners claim that Article 370 assumed ‘permanent character’

The Hindu  

A Constitution Bench headed by Chief Justice of India D.Y. The Bench had, during the hearings, repeatedly questioned the petitioners’ claim that Article 370, which gave special privileges to the erstwhile State of Jammu and Kashmir, had assumed a permanent character as soon as the Jammu and Kashmir Constituent Assembly was dissolved in 1957 after the framing of the State …

Article 370 in Supreme Court: Kashmir waits for a verdict
1 year, 6 months ago

Article 370 in Supreme Court: Kashmir waits for a verdict

The Hindu  

Published : Sep 16, 2023 21:23 IST - 10 MINS READ After intense deliberations spanning 16 hearings from August 2 to September 5 that saw some of India’s best legal minds debate whether or not Article 370, which accorded Jammu and Kashmir a special status, was a permanent feature of the Constitution, the Supreme Court has reserved its judgment on …

Article 370 | 'Self Governance Better, No Constitutional Logic In Denying J&K Statehood': Petitioners Tell Supreme Court On Final Day
1 year, 6 months ago

Article 370 | 'Self Governance Better, No Constitutional Logic In Denying J&K Statehood': Petitioners Tell Supreme Court On Final Day

Live Law  

Yesterday marked the final day of arguments in the long-pending case challenging the Union Government's 2019 decision to repeal the special status of Jammu and Kashmir under Article 370 of the Constitution, with the Supreme Court reserving its judgement in the matter. Constitution Of India Recognises Constitution Of J&K: Senior Advocate Gopal Subramanium Senior Advocate Gopal Subramanium, in his arguments …

Supreme Court reserves verdict in Article 370 abrogation challenge
1 year, 6 months ago

Supreme Court reserves verdict in Article 370 abrogation challenge

The Hindu  

A Constitution Bench headed by Chief Justice of India D.Y. Chandrachud on September 5 reserved its judgment on petitions challenging the abrogation of Article 370 of the Constitution, which gave special privileges to Jammu and Kashmir. ‘Attack on federalism’ The petitioners, represented by a battery of senior lawyers including Kapil Sibal, Gopal Subramanium, Rajeev Dhavan, Dushyant Dave and Gopal Sankaranarayanan, …

CJI asks petitioners if Article 370 is above Basic Structure, amending powers of Parliament
1 year, 6 months ago

CJI asks petitioners if Article 370 is above Basic Structure, amending powers of Parliament

The Hindu  

Chief Justice of India D.Y. Mr. Sibal said neither the court nor the petitioners had to “advise” the Union government on how to abrogate Article 370. “Why did they change the term ‘Constituent Assembly of the State’ to the ‘Legislative Assembly of the State’ in the proviso to Article 370 if the President had such plenary powers as they claim… …

Article 370: Can federating unit’s constitution be superior to that of the Union, asks SC
1 year, 7 months ago

Article 370: Can federating unit’s constitution be superior to that of the Union, asks SC

Hindustan Times  

New Delhi The Supreme Court on Wednesday asked as to how the constitution of a federating unit can be superior to the constitution of the Union, or have an overriding effect on the latter, as it pointed out that Article 370 of the Indian Constitution clearly has a “self-limiting character”, giving the President the authority to abrogate it through a …

Article 370 case | Will retain special status of northeast States: Centre to Supreme Court
1 year, 7 months ago

Article 370 case | Will retain special status of northeast States: Centre to Supreme Court

The Hindu  

The Supreme Court on Wednesday accepted the Centre’s assurance that it does not intend to “touch” the special constitutional provisions protecting the interests of the people of the northeastern States. Supreme Court hearing on Article 370 abrogation | Day 1 | Day 2 | Day 3 | Day 4 | Day 5 | Day 6 | Day 7 | Day …

SC junks PIL seeking declaration that Article 370 abrogation constitutionally valid
1 year, 7 months ago

SC junks PIL seeking declaration that Article 370 abrogation constitutionally valid

Deccan Chronicle  

New Delhi: The Supreme Court on Monday dismissed a petition seeking a declaration that abrogation of Article 370 of the Constitution, which bestowed special status on the erstwhile state of Jammu and Kashmir, was constitutionally valid. Terming the plea as "misconceived", a bench headed by Chief Justice D Y Chandrachud said the issue of constitutional validity of abrogation of Article …

Article 370 abrogation case | The Hindu’s detailed coverage
1 year, 7 months ago

Article 370 abrogation case | The Hindu’s detailed coverage

The Hindu  

August 19, 2023 08:44 pm | Updated December 20, 2023 01:58 am IST A Constitution Bench headed by Chief Justice of India D.Y. The key questions of law raised in the proceedings are — whether the status of J&K had not become permanent after the Constituent Assembly refrained from taking any decision on Article 370 before its dissolution in 1957; …

CJI asks if petitioners want Supreme Court to assess government’s ‘wisdom’ in repealing Article 370
1 year, 7 months ago

CJI asks if petitioners want Supreme Court to assess government’s ‘wisdom’ in repealing Article 370

The Hindu  

The Supreme Court on Thursday appeared unenthusiastic to accept an “invitation” to judicially review the “wisdom” behind the Union government’s decision to abrogate Article 370, which had given a special status to Jammu and Kashmir. ‘Bereft of reasons’ The Chief Justice’s queries came in response to submissions by senior advocate Dushyant Dave that the “whole exercise of abrogation of Article …

Supreme Court hearing on Article 370 abrogation | Day 7
1 year, 7 months ago

Supreme Court hearing on Article 370 abrogation | Day 7

The Hindu  

Senior advocate Dushyant Dave on Thursday argued in the Supreme Court that the abrogation of Article 370 is a colourable exercise of powers since the BJP government in its 2019 manifesto had proposed the repeal of Article 370. Countering such a contention, Chief Justice of India D.Y Chandrachud said that the argument that the power to abrogate Article 370 ended …

Article 370 is an example of federalism, say counsel
1 year, 7 months ago

Article 370 is an example of federalism, say counsel

The Hindu  

Senior advocates Dushyant Dave and Rajeev Dhavan on Wednesday argued in the Supreme Court that Article 370, which gave special status to Jammu and Kashmir, was not a “relic” but a “brilliant articulation of statesmanship” by the Indian Constitution’s framers. Supreme Court hearing on Article 370 abrogation | Day 1 | Day 2 | Day 3 | Day 4 | …

Supreme Court hearing on Article 370 abrogation | Day 6
1 year, 7 months ago

Supreme Court hearing on Article 370 abrogation | Day 6

The Hindu  

Senior advocate Rajeev Dhavan on August 16 apprised the Supreme Court that the internal sovereignty of Jammu and Kashmir was not revoked with the signing of the Instrument of Accession in 1947. Notably, senior advocate Dushyant Dave submitted before the Constitution Bench that Article 370 of the Constitution is a ‘temporary provision’ not due to the efflux of time but …

Explained | What is the debate around Article 370?
1 year, 7 months ago

Explained | What is the debate around Article 370?

The Hindu  

The story so far: The ongoing arguments before a Constitution Bench of the Supreme Court on the abrogation of Jammu and Kashmir’s special status under Article 370 throw considerable light on the history behind the unique status enjoyed by the State until August 2019, when the Centre removed it. A resolution was introduced to elicit Parliament’s views on the introduction …

Challenging the Dilution of Article 370
1 year, 7 months ago

Challenging the Dilution of Article 370

Live Law  

On the fifth day of the Indian Supreme Court's hearing in the batch of petitions challenging the dilution of Article 370 of the Constitution of India, Senior Advocate Zaffar Shah, appearing for the J&K High Court Bar Association argued that the State of Jammu and Kashmir had retained some constitutional autonomy as it had signed an Instrument of Accession and …

Supreme Court hearing on Article 370 abrogation | Day 5
1 year, 7 months ago

Supreme Court hearing on Article 370 abrogation | Day 5

The Hindu  

The Chief Justice of India D.Y. Chandrachud while heading a Constitution Bench observed on August 10 that the sovereignty of Jammu and Kashmir was ceded completely to the Union of India after its accession and that fetters on the powers of the Parliament to legislate on certain subjects do not affect the Union’s sovereignty over J&K. The Bench is hearing …

Supreme Court hearing on Article 370 abrogation | Day 4
1 year, 7 months ago

Supreme Court hearing on Article 370 abrogation | Day 4

The Hindu  

Senior advocate Gopal Subramanium on August 9 apprised a Constitution Bench headed by Chief Justice of India D.Y. Chandrachud that the Jammu and Kashmir Constituent Assembly did not intend for Article 370 to be abrogated and that it had envisioned for the Constitution of India to apply to J&K with modifications and exceptions. During the hearing, CJI Chandrachud also enquired …

Article 370 hearing | India seeks public opinion through established institutions not Brexit-type referendums: CJI
1 year, 7 months ago

Article 370 hearing | India seeks public opinion through established institutions not Brexit-type referendums: CJI

The Hindu  

Chief Justice of India D.Y. The Chief Justice, who heads a Constitution Bench examining the challenge to the abrogation of Article 370 of the Constitution, which gave special status to Jammu and Kashmir, was reacting to a submission by senior advocate Kapil Sibal, appearing for the petitioners. Mr. Sibal was arguing that the Parliament and the Union government abrogated Article …

Supreme Court hearing on Article 370 abrogation | Day 3
1 year, 7 months ago

Supreme Court hearing on Article 370 abrogation | Day 3

The Hindu  

Senior advocate Kapil Sibal on August 8 apprised a Constitution Bench headed by Chief Justice of India D.Y. Gavai, and Surya Kant, has been adjudicating upon a batch of petitions challenging the abrogation of Article 370 of the Constitution that bestowed special status on the erstwhile State of Jammu and Kashmir. The court on August 3 asked whether Article 370, …

Is Article 370 being equated to Basic Structure of Constitution, asks Supreme Court
1 year, 8 months ago

Is Article 370 being equated to Basic Structure of Constitution, asks Supreme Court

The Hindu  

The Supreme Court on August 3 asked whether Article 370, which gave special status to Jammu and Kashmir, is being equated to the Basic Structure of the Constitution. Chandrachud was reacting to senior advocate Kapil Sibal’s submission that there was no constitutional process available to abrogate Article 370, and the provision had attained a “permanent character” after 1957 when the …

Supreme Court hearing on Article 370 abrogation | Day 2
1 year, 8 months ago

Supreme Court hearing on Article 370 abrogation | Day 2

The Hindu  

Senior advocate Kapil Sibal on August 3 argued before the Supreme Court that the Legislature did not have the power to recommend the abrogation of Article 370 as per the provisions of the Jammu & Kashmir Constitution. During the hearing on August 2, Chief Justice of India D.Y Chandrachud enquired as to whether Article 370 was a provision in the …

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