Top Court agrees to hear pleas challenging abrogation of Article 370 after Dussehra vacations

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Several petitions challenging Centre’s 2019 decision to scrap provisions of Article 370 were referred to a constitution bench by the then CJI Ranjan Gogoi.

The Supreme Court today agreed to hear pleas challenging the abrogation of Article 370 of the Constitution of India, which had accorded special status to the state of Jammu and Kashmir.

The Chief Justice of India UU Lalit said that the pleas will "definitely be taken up after the Dussehra vacations".

In April, the Court had said that they will consider listing the batch of petitions challenging the abrogation of Article 370 in Jammu and Kashmir before a 5 judges bench after summer vacations.

The matter was then mentioned before a bench of the then Chief Justice of India NV Ramana and Justice Hima Kohli by Senior Advocate Shekhar Naphade. Naphade had submitted that the matter needed to be listed as the delimitation proceedings were going to commence soon.

The Central Government has constituted a Delimitation Commission to mark boundaries in the Territory for all the constituencies before an assembly election can be held.

One of the petitions stated that "Article 370 of the Constitution of India is a self-contained Code which defined and regulated the relationship between the State of Jammu and Kashmir and the Union of India. Apart from Article 370, Article 1 of the Constitution of India would apply to the State of J & K."

“The challenge to the Constitutional validity ought to be heard on an expedited basis otherwise the petition itself would be rendered infructuous in view of the irreversible actions of the Respondents and the Applicant would be rendered remediless,” the petition added.

Case Title: Batch of petitions