High-stakes showdown on Article 370 as SC begins day-to-day hearing

New Delhi: In a highly anticipated development, the Supreme Court is set to commence day-to-day hearings on the petitions challenging the abrogation of Article 370 in Jammu and Kashmir from Wednesday.

The hearings will determine the fate of the state's special status nearly four years after its revocation by the Central Government in 2019.

A five-judge Constitution Bench, led by Chief Justice D Y Chandrachud, will preside over the hearings. The Court will consider 23 writ petitions challenging the decision to revoke the special status and the subsequent bifurcation of the state into two Union Territories, Jammu and Kashmir and Ladakh.

The proceedings will occur on all days except Mondays and Fridays, designated for miscellaneous matters. 

Two petitioners, IAS officer Shah Faesal and human rights activist Shehla Rashid, have had their names deleted from the court records in this case.

What is Article 370?

Article 370, incorporated into the Indian Constitution on October 17, 1949, granted special status to Jammu and Kashmir (J&K) and allowed the state to draft its own Constitution. 

It limited the legislative powers of the Indian Parliament concerning J&K, requiring concurrence for some issues. Over time, through court judgments, Article 370 came to be considered as having acquired permanent status.

In 2019, the government executed a two-step process to revoke J&K's special status, as the State's Constituent Assembly had dissolved. The Presidential Rule facilitated the process, culminating in issuing notifications and the passage of the Jammu and Kashmir Reorganization Bill 2019, bifurcating the state into two Union Territories that have been challenged by several political and civil society actors.

The abrogation of Article 370 was executed through the Constitution (Application to Jammu & Kashmir) Order, 2019, and the subsequent Presidential notification on August 5, 2019.

The legal challenge prompted the formation of a Constitution Bench in the Supreme Court, with various petitions raising concerns over the abrogation. The historical background of Article 370, its significance, and the two-step revocation process have added complexity to the legal challenges. Initially intended as a temporary provision,

The Supreme Court's Constitution Bench was formed in response to a wave of petitions challenging the abrogation from various quarters, addressing concerns about media freedom, detention of political leaders, internet shutdowns, and other issues in the region.

Final hearing

As the final hearings approach, the fate of Article The upcoming hearings marks a crucial juncture in the debate surrounding Article 370 and its implications for the region's future.

The legal challenge has drawn significant attention, with a multitude of petitions filed against the government's decision. Only a few petitions have been filed to support the government, and the Court has made it clear that it will focus solely on constitutional issues.

The Supreme Court's day-to-day hearings on the Article 370 case represent a pivotal moment in the debate over the revocation of Jammu and Kashmir's special status, which has again generated discussion in Jammu and Kashmir. The outcome of these hearings will have significant implications for the region's future, making it a closely watched and consequential legal proceeding.