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Abrogation of Article 370: Supreme Court to hear the petitions from August 2, 2023

Today, Chief Justice of India DY Chandrachud fixed August 2, 2023, as the starting date for hearing a batch of petitions against the abrogation of Article 370 of the Indian Constitution. CJI said that the petitions will be heard every day from 2nd August except Mondays and Fridays. Earlier on 3rd July 2023, a notice was issued by the Supreme Court stating that the five-judge Constitution bench for hearing matters related to dilution of Article 370 constitutes, CJI Chandrachud, Justice Sanjay Kishan Kaul, Justice Surya Kant, Justice BR Gavai, and Justice Sanjiv Khanna. Article 370 strips the erstwhile state of Jammu and Kashmir of its special privileges or status and bifurcates Jammu & Kashmir into the Union territories of J&K and Ladakh.

During the proceedings, the need to file an additional affidavit was questioned by Justice SK Kaul. This was because, on July 10, an affidavit was filed by the Union Government related to the present status of J&K after the abrogation of its special status. Pointing to this, Justice Kaul stated that a rejoinder affidavit will be filed by the other side and the process will continue this way. In this context, the Solicitor General of India appeared for the Union Government, Tushar Mehta, mentioned that the affidavit does not provide appropriate information regarding the current situation of Jammu & Kashmir; therefore, there is no requirement of filing a rejoinder affidavit. CJI further said “The affidavit of the centre has no bearing on the constitutional question”

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