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A saga of petitions were filed challenging the Centre's decision, after which it was first taken up on August 28, 2019 by a bench led by former CJI Ranjan Gogoi, who had referred the case to a five-judge bench
The Supreme Court has dismissed a review petition filed against its historic verdict upholding the abrogation of Article 370 of the Constitution of India which accorded "special status" to the erstwhile state of Jammu and Kashmir.
A five Judge bench comprising CJI Dhananjaya Y Chandrachud along with Justices Sanjiv Khanna, BR Gavai, Surya Kant and AS Bopanna also dismissed the applications for listing the review petition in open Court.
"Having perused the review petitions, there is no error apparent on the face of the record. No case for review under Order XLVII Rule 1 of the Supreme Court Rules 2013. The review petitions are, therefore, dismissed", the court has said.
On 11 December 2023, top court had upheld the abrogation of Article 370 by way of three concurring judgments.
Court held Article 370 to be a temporary provision enacted introduced to serve a transitional purpose considering the war conditions in the state of Jammu and Kashmir. A textual reading of the article also indicates that it is a temporary provision, CJI read from his judgment.
A five judge Constitution bench comprising of CJI DY Chandrachud, Justices SK Kaul, Sanjiv Khanna, BR Gavai and Surya Kant had reserved verdict on September 5, 2023. Court had begun hearing the case on July 11, 2023.
On August 5th, Article 370 of the Constitution was abrogated by the Central Government vide a Presidential Order which revoked the "special status" of Jammu & Kashmir.
The President issued The Constitution (Application to Jammu And Kashmir) Order, 2019 CO 272 replacing the words ‘Constituent Assembly’ from Article 370(3) with ‘Legislative Assembly [of Jammu & Kashmir]’. A Statutory Resolution was introduced by Amit Shah in the Rajya Sabha which abrogated Article 370 as the state of under president's rule. Finally, on the next day, the Parliament passed the Jammu and Kashmir Reorganisation Bill, 2019 bifurcating the State into two Union Territories -Jammu & Kashmir and Ladakh.
Case Title: Awami National Conference vs. Union of India and Another
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