A number of petitions difficult the abrogation of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, have been referred to a Structure Bench in 2019
August 22, 2023 09:56 am | Up to date 10:00 am IST
Senior advocate Dushyant Dave had argued within the Supreme Courtroom that the abrogation of Article 370 is a colourable train of powers because the BJP Authorities in its 2019 manifesto had proposed the repeal of Article 370.
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Sushil Kumar Verma
A five-judge Structure Bench headed by Chief Justice D.Y. Chandrachud will proceed its listening to on pleas difficult the abrogation of Article 370 of the Structure. In its final listening to on August 17, the highest courtroom questioned the issuance of a number of constitutional orders which allowed provisions of the Indian Structure to be utilized in Jammu and Kashmir post-1957. It was referring to the Structure (Software to Jammu and Kashmir) Modification Orders handed since 1957 until August 6, 2019.
Additionally Learn | OPINION | Understanding Article 370
The Bench expressed shock to the submission of senior advocate Dushyant Dave, showing for a petitioner, that Article 370, which bestowed particular standing on the erstwhile State of Jammu and Kashmir, had lived its life and achieved its goal. Not like different senior attorneys, together with Kapil Sibal and Gopal Subramanium, Mr. Dave argued that Article 370 has not in entirety assumed a everlasting character and has lived its price with the time period of the Constituent Meeting of Jammu and Kashmir coming to an finish in 1957.
On August 5, 2019, the Centre determined to strip the erstwhile State of Jammu and Kashmir of particular standing and bifurcate it into two Union Territories. By abrogating Article 370, the Central Authorities revoked the particular standing of Jammu and Kashmir. A number of petitions difficult the abrogation of the provisions of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, have been referred to a Structure Bench in 2019.
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August 22, 2023 10:00
Problem to the abrogation of Article 370
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