Can't Accept Argument That Article 370 Ceased To Exist Post J&K Constitution Enactment, Says Supreme Court During Hearing [Day 8]
1 year, 4 months ago

Can't Accept Argument That Article 370 Ceased To Exist Post J&K Constitution Enactment, Says Supreme Court During Hearing [Day 8]

Live Law  

Closing in on the eight day of arguments in the Article 370 pleas, the Supreme Court Constitution bench expressed its reservations towards accepting the argument that Article 370 had ceased to exist once the J&K Constitution was framed. The bench comprising CJI DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, stated that the consequence of Article 370 ceasing to exist once the J&K Constitution was framed would be that the Constitution of India in its application to J&K would stand frozen as of 1957 and no further development in Indian constitution could then apply to J&K. Article 370 Ceased To Operate Once J&K Constitution Was Enacted: Dwivedi In the next limb of his arguments, Dwivedi stated that Article 370 ceased to operate once the Constitution of J&K was enacted in 1957. Still referring to Dr Ayyangar's speech he stated that at the time of formation of Article 370, neither the Constituent Assembly, nor the State Legislative Assembly for J&K had existed.

India Supreme Court Constitution States Indian Kashmir Sovereignty State Stated Indian Constitution Sen Dwivedi 370 Article Cji Other States Parikh Kaul His Arguments Exist Justice Kaul Its Application Ceased  kashmir  dwivedi  article  ceased  exist  india  stated  enactment  constitution  state  sovereignty  day  post  supreme  370  jk  court  hearing

History of this topic

J&K parties criticise NC for dropping ‘Article 370’, ‘Aug 5, 2019’ terms from resolution
1 month, 2 weeks ago

J&K parties criticise NC for dropping ‘Article 370’, ‘Aug 5, 2019’ terms from resolution

The Hindu  

The ruling National Conference’s guarded resolution on the restoration of special status and avoiding words like Article 370, 35A, and rejection of August 5, 2019, moves by the Centre evoked sharp reactions from several political parties in the J&K. Former J&K Chief Minister and People’s Democratic Party president Mehbooba Mufti termed the resolution as “an ambivalent move and a half-hearted …

Supreme Court Dismisses Petitions To Review Article 370 Verdict
7 months ago

Supreme Court Dismisses Petitions To Review Article 370 Verdict

Live Law  

The Supreme Court has dismissed the petitions seeking review of its judgment upholding the abrogation of the special status of Jammu and Kashmir under Article 370 of the Constitution.A 5-judge bench comprising Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, Surya Kant and AS Bopanna dismissed the review petitions in chamber noting that there was no apparent …

SC imprimatur on J&K will haunt other states
1 year ago

SC imprimatur on J&K will haunt other states

Hindustan Times  

The verdict is out, and we are not surprised. The Supreme Court upheld the abrogation of Article 370, which granted special status to Jammu and Kashmir, in its verdict on 11 December. The safeguards provided to us by the Constitution of India in the form of Article 370 to protect our unique identity have made J&K a prosperous state. The …

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

Upset with SC verdict, J&K parties pledge to ‘continue struggle for Article 370’
1 year ago

Upset with SC verdict, J&K parties pledge to ‘continue struggle for Article 370’

The Hindu  

Several political parties in Jammu and Kashmir expressed disappointment over the Supreme Court’s verdict upholding Centre’s decision to abrogate provisions of Article 370 on Monday, with National Conference’s Omar Abdullah and Peoples Democratic Party president Mehbooba Mufti pledging to “continue with their political struggle” to restore the pre-August 5, 2019 position. The PDP has suspended all political activities for the …

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

President had power to revoke Article 370, prior Jammu and Kashmir assembly nod not required: SC
1 year ago

President had power to revoke Article 370, prior Jammu and Kashmir assembly nod not required: SC

Hindustan Times  

New Delhi: The President of India had the power to abrogate Article 370 without a prerequisite for a recommendation by the Jammu and Kashmir assembly, the Supreme Court of India observed on Monday while pronouncing a verdict on a clutch of petitions challenging the Central government's 2019 move. Chief Justice of India DY Chandrachud, pronouncing the verdict of a five-judge …

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

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

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

Unraveling the constitutional evolution of Article 370: A comprehensive overview
1 year ago

Unraveling the constitutional evolution of Article 370: A comprehensive overview

India TV News  

Article 370, a constitutional provision bestowing special status on Jammu and Kashmir, has undergone a complex and transformative journey. Erosion over time Pandit Nehru's acknowledgement in 1963 and Home Minister Gulzari Lal Nanda's remarks in 1964 marked early signs of Article 370's erosion. Legal framework of Article 370 Article 370's legal framework stipulated that the President could issue orders for …

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

Supreme Court to pronounce Article 370 verdict on December 11
1 year ago

Supreme Court to pronounce Article 370 verdict on December 11

The Hindu  

A Constitution Bench headed by Chief Justice of India D.Y. Chandrachud is scheduled to pronounce on December 11 its judgment on the challenge to the abrogation of Article 370 of the Constitution, which gave special privileges to Jammu and Kashmir. Brute majority The petitioners had said the Union used brute majority in the Parliament and a series of executive orders …

Supreme Court to Pronounce Judgement on Constitutional Validity of Article 370 on Monday
1 year ago

Supreme Court to Pronounce Judgement on Constitutional Validity of Article 370 on Monday

News 18  

The Supreme Court will pronounce its judgement in the case challenging the Centre’s decision to repeal the special status of Jammu and Kashmir under Article 370 of the Constitution on December 11. The Constitution bench of the apex court, led by Chief Justice of India DY Chandrachud and comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant, …

Article 370 | 'Self Governance Better, No Constitutional Logic In Denying J&K Statehood': Petitioners Tell Supreme Court On Final Day
1 year, 3 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, 3 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, …

Supreme Court hearing on Article 370 abrogation | Day 16
1 year, 3 months ago

Supreme Court hearing on Article 370 abrogation | Day 16

The Hindu  

The Supreme Court on Tuesday reserved verdict in the challenge to the abrogation of Article 370 of the Constitution, which gave special privileges to the state of Jammu and Kashmir. They also pointed out that the 2019 Act is unconstitutional since Article 3 does not give the Parliament powers to downgrade federal democratic States into a less representative form such …

CJI asks petitioners if Article 370 is above Basic Structure, amending powers of Parliament
1 year, 3 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… …

Supreme Court hearing on Article 370 abrogation | Day 14
1 year, 3 months ago

Supreme Court hearing on Article 370 abrogation | Day 14

The Hindu  

Senior advocate Rakesh Dwivedi on Friday said that the abrogation was not an executive decision and that the entirety of the Parliament which included Members of Parliament of Jammu and Kashmir had been taken into confidence. Mr. Dwivedi also apprised the Constitution Bench headed by Chief Justice of India D.Y Chandrachud that, unlike the Constituent Assembly of India, the J&K …

Supreme Court hearing on Article 370 abrogation | Day 13
1 year, 3 months ago

Supreme Court hearing on Article 370 abrogation | Day 13

The Hindu  

The Union Government on Thursday apprised the Supreme Court that it cannot give an exact timeline for the restoration of Jammu and Kashmir’s statehood but it is ready to conduct elections. Solicitor General Tushar Mehta said that the inability to give an exact timeframe for the conduct of elections is due to the repeated law and order disturbances in the …

Article 370 Case : Live Updates From Supreme Court [Day 13]
1 year, 3 months ago

Article 370 Case : Live Updates From Supreme Court [Day 13]

Live Law  

A Constitution Bench will resume hearing today the Centre's arguments in the batch of petitions challenging the dilution of Article 370 of the Constitution.On Day 12, the bench led by Chief Justice of India DY Chandrachud had asked the Centre to make a definite statement regarding the timeline for restoring the statehood of Jammu and Kashmir. A Constitution Bench will …

Article 370 Case : Live Updates From Supreme Court [Day 13]
1 year, 3 months ago

Article 370 Case : Live Updates From Supreme Court [Day 13]

Live Law  

A Constitution Bench will resume hearing today the Centre's arguments in the batch of petitions challenging the dilution of Article 370 of the Constitution.On Day 12, the bench led by Chief Justice of India DY Chandrachud had asked the Centre to make a definite statement regarding the timeline for restoring the statehood of Jammu and Kashmir. A Constitution Bench will …

Article 370 Case : Live Updates From Supreme Court [Day 13]
1 year, 3 months ago

Article 370 Case : Live Updates From Supreme Court [Day 13]

Live Law  

A Constitution Bench will resume hearing today the Centre's arguments in the batch of petitions challenging the dilution of Article 370 of the Constitution.On Day 12, the bench led by Chief Justice of India DY Chandrachud had asked the Centre to make a definite statement regarding the timeline for restoring the statehood of Jammu and Kashmir. A Constitution Bench will …

Article 370 Case : Live Updates From Supreme Court [Day 13]
1 year, 3 months ago

Article 370 Case : Live Updates From Supreme Court [Day 13]

Live Law  

A Constitution Bench will resume hearing today the Centre's arguments in the batch of petitions challenging the dilution of Article 370 of the Constitution.On Day 12, the bench led by Chief Justice of India DY Chandrachud had asked the Centre to make a definite statement regarding the timeline for restoring the statehood of Jammu and Kashmir. A Constitution Bench will …

Article 370 Case : Live Updates From Supreme Court [Day 13]
1 year, 3 months ago

Article 370 Case : Live Updates From Supreme Court [Day 13]

Live Law  

A Constitution Bench will resume hearing today the Centre's arguments in the batch of petitions challenging the dilution of Article 370 of the Constitution.On Day 12, the bench led by Chief Justice of India DY Chandrachud had asked the Centre to make a definite statement regarding the timeline for restoring the statehood of Jammu and Kashmir. A Constitution Bench will …

Article 370 Case : Live Updates From Supreme Court [Day 13]
1 year, 3 months ago

Article 370 Case : Live Updates From Supreme Court [Day 13]

Live Law  

A Constitution Bench will resume hearing today the Centre's arguments in the batch of petitions challenging the dilution of Article 370 of the Constitution.On Day 12, the bench led by Chief Justice of India DY Chandrachud had asked the Centre to make a definite statement regarding the timeline for restoring the statehood of Jammu and Kashmir. A Constitution Bench will …

Article 370 Case : Live Updates From Supreme Court [Day 13]
1 year, 3 months ago

Article 370 Case : Live Updates From Supreme Court [Day 13]

Live Law  

A Constitution Bench will resume hearing today the Centre's arguments in the batch of petitions challenging the dilution of Article 370 of the Constitution.On Day 12, the bench led by Chief Justice of India DY Chandrachud had asked the Centre to make a definite statement regarding the timeline for restoring the statehood of Jammu and Kashmir. A Constitution Bench will …

Article 370 Case : Live Updates From Supreme Court [Day 13]
1 year, 3 months ago

Article 370 Case : Live Updates From Supreme Court [Day 13]

Live Law  

A Constitution Bench will resume hearing today the Centre's arguments in the batch of petitions challenging the dilution of Article 370 of the Constitution.On Day 12, the bench led by Chief Justice of India DY Chandrachud had asked the Centre to make a definite statement regarding the timeline for restoring the statehood of Jammu and Kashmir. A Constitution Bench will …

Article 370 Case : Live Updates From Supreme Court [Day 13]
1 year, 3 months ago

Article 370 Case : Live Updates From Supreme Court [Day 13]

Live Law  

A Constitution Bench will resume hearing today the Centre's arguments in the batch of petitions challenging the dilution of Article 370 of the Constitution.On Day 12, the bench led by Chief Justice of India DY Chandrachud had asked the Centre to make a definite statement regarding the timeline for restoring the statehood of Jammu and Kashmir. A Constitution Bench will …

J&K Constitution 'subordinate' to Indian Constitution: Centre to Supreme Court
1 year, 3 months ago

J&K Constitution 'subordinate' to Indian Constitution: Centre to Supreme Court

India Today  

The Supreme Court on Monday prima facie agreed with the Centre's submission on pleas challenging the abrogation of Article 370 that the Constitution of Jammu and Kashmir is "subordinate" to the Indian Constitution, which is on a higher pedestal. Without naming the two mainstream political parties of the erstwhile state, the Centre said citizens have been misguided that the special …

Article 370: Can federating unit’s constitution be superior to that of the Union, asks SC
1 year, 4 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, 4 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 …

Supreme Court hearing on Article 370 abrogation | Day 9
1 year, 4 months ago

Supreme Court hearing on Article 370 abrogation | Day 9

The Hindu  

Solicitor General Tushar Mehta on Wednesday apprised the Supreme Court that the Union Government has no intention to interfere with the special provisions applicable to North Eastern states or other parts of India. The Supreme Court on August 22 termed as “unacceptable” the submission that Article 370 of the Constitution ceased to operate once the term of the constituent assembly …

Supreme Court questions petitioners’ submission that Indian Constitution has no application to Jammu and Kashmir after 1957
1 year, 4 months ago

Supreme Court questions petitioners’ submission that Indian Constitution has no application to Jammu and Kashmir after 1957

The Hindu  

The Supreme Court on August 22 questioned an argument made by petitioners that Article 370 ceased to operate in 1957 as soon as the Jammu and Kashmir Constitution came into existence. Chandrachud in the challenge to the abrogation of Article 370, senior advocate Dinesh Dwivedi, for a petitioner, said the Indian Constitution ceased to apply to J&K, and the State …

Article 370 abrogation case | The Hindu’s detailed coverage
1 year, 4 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; …

Article 370 Continued To Operate Even After J&K Constituent Assembly Dissolution, Says Supreme Court During Hearing [Day 7 ]
1 year, 4 months ago

Article 370 Continued To Operate Even After J&K Constituent Assembly Dissolution, Says Supreme Court During Hearing [Day 7 ]

Live Law  

On the seventh day of the Article 370 proceedings before the Supreme Court Constitution Bench, Senior Advocates Dushyant Dave, Shekhar Naphade and Dinesh Dwivedi put their arguments forth before the bench comprising CJI DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant. However, Dave insisted that Article 370 continued to survive because if the Constitution of …

CJI asks if petitioners want Supreme Court to assess government’s ‘wisdom’ in repealing Article 370
1 year, 4 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 …

Article 370 Case | Upholding Centre's Actions Could Create A Precedent To Disintegrate Any State To Achieve Political Goals : Dushyant Dave [Day 6]
1 year, 4 months ago

Article 370 Case | Upholding Centre's Actions Could Create A Precedent To Disintegrate Any State To Achieve Political Goals : Dushyant Dave [Day 6]

Live Law  

Yesterday, the Supreme Court's Constitution Bench, headed by Chief Justice DY Chandrachud and comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, reached its sixth day of hearings in the batch of petitions challenging the dilution of Article 370 of the Constitution of India. Dave started by referring to the Article 370 as "perhaps the most brilliant …

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

Discover Related