SC refuses to refer Article 370 matter to larger seven-judge Bench
A five-judge Constitution Bench led by Justice N.V. Ramana on Monday declined a plea to refer to a larger Bench petitions challenging the abrogation of special status of Jammu and Kashmir under Article 370 of the Constitution. The 1959 one, Prem Nath Kaul versus State of Jammu and Kashmir, indicated that Article 370 was applicable only till the Jammu and Kashmir Constitution was enacted on January 26, 1957. But the judgment reported in 1970 in Sampath Prakash versus State of Jammu and Kashmir was argued by some petitioners to have ignored the 1959 verdict by concluding that Article 370 was permanent in nature and a “perennial source of power” for the Centre to govern its relationship with the State of J&K. The court explained that the “Constitution Bench in the Prem Nath Kaul case did not discuss the continuation or cessation of the operation of Article 370 after the dissolution of the Constituent Assembly of the State. “There are no contrary observations made in the Sampat Prakash case to that of Prem Nath Kaul, accordingly, the case of Sampat Prakash is not per incuriam," the Bench said.
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