14-12-2022: The Supreme Court announced that it will take into consideration scheduling a number of cases that contested the repeal of Article 370 and the division of the former state of Jammu and Kashmir into two Union Territories for hearing. As one of the petitioners in the case requested an early listing of the matter, Chief Justice DY Chandrachud and Justice PS Narasimha said, “We will examine and give a date.” The constitutionality of the bill repealing Article 370 of the constitution, granting Jammu and Kashmir special status, and dividing the state into two Union Territories is being contested in a number of challenges currently pending before the highest court.
Later, some petitions were filed against the government’s action for delimitation in accordance with the Jammu and Kashmir Reorganization Act, 2019. These petitions said sweeping changes are being brought about by the Centre that impacts the rights of a large number of people. Despite the fact that the petition has been pending before the Supreme Court since 2019, the central government has taken some irreversible actions.
Petitions have stated the Centre has constituted a delimitation commission to mark boundaries in the territory for all the constituencies before an assembly election can be held. On August 5, 2019, the Central government announced its decision to revoke the special status of Jammu and Kashmir granted under Article 370 and split the region into two Union territories.
A five-judge Bench in March 2020 had declined to refer to a larger 7-judge bench a batch of petitions challenging the constitutional validity of the Centre’s decision to abrogate provisions of Article 370 on August 5, saying there were no reasons to refer the matter to a larger bench. A number of petitions challenging the Jammu and Kashmir Reorganisation Act, 2019, which divides Jammu and Kashmir into two Union Territories — Jammu and Kashmir, and Ladakh — have been filed in the highest court, including those by private citizens, lawyers, activists, politicians, and political parties.