NEW DELHI: The Supreme Court is likely to commence hearing a batch of pleas, challenging the Centre’s decision of abrogating Article 370 of the Constitution that granted special status to the state of Jammu and Kashmir, from August.
Although the case has been listed before the five-judge constitution bench of Chief Justice of India (CJI) DY Chandrachud, Justices SK Kaul, Sanjiv Khanna, BR Gavai and Surya Kant for July 11, the same is listed for “directions”.
The revelation regarding the commencement of the hearing was made by Justice BR Gavai while hearing a plea filed by social activist Teesta Setalvad. When senior advocate Kapil Sibal suggested hearing Setalvad’s plea in August, Justice Gavai said, “It will be too late because we will begin hearing the challenge against Article 370.”
Sibal said he thought it was going to begin on July 11. Clarifying, Justice Gavai said that the pleas have been listed on July 11 only for directions. “That is only for directions. Tentatively, we will be starting in August,” Justice Gavai said.
The pleas were filed in the wake of the amendments praying for declaring the Presidential Order issued under Article 370, repealing the special status of Jammu and Kashmir, and the J&K (Reorganisation) Act, 2019 as “unconstitutional”.
The petitions also challenged the Centre’s “unilateral” move unravelling the unique federal structure of India by dividing J&K “without taking consent from people”. Questioning the Centre’s move, under cover of President’s rule with the view to undermining crucial elements of due process and the rule of law, the pleas stated what happened to Jammu and Kashmir “goes to the heart of Indian federalism”.
It was also argued that the Presidential Order of August 5 substituted the concurrence of the Governor of the state to change the very character of a federal unit. The pleas were last listed on March 2, 2020, when the constitution bench had held that there was no need to refer the matter to a larger bench.
The hearing had commenced on December 10, 2019 — four months after the repeal of the Jammu and Kashmir special status — before a Constitution Bench comprising Justices N V Ramana (now retired), SK Kaul, R Subhash Reddy (now retired), B R Gavai and Surya Kant.
Judges recuse from hearing river dispute
Supreme Court judges Justices AS Bopanna and MM Sundresh recused from considering the case related to Tamil Nadu and Karnataka Penniyar river dispute on Wednesday. While Justice Bopanna hails from Karnataka, Justice Sundresh hails from Tamil Nadu. “This cannot be heard by us. Both of us would start fighting. He (Justice Sundresh) is saying let Pennaiyar Water Dispute Tribunal be constituted. I am saying no. All the water that goes to them is from my district. The birthplace of Cauvery is my district,” Justice Bopanna, the presiding judge of the bench, said in a lighter vein when the matter was called for hearing. Tamil Nadu filed the suit in 2018 seeking a permanent injunction on the project.