02-08-2023 : In a landmark hearing before a Constitution Bench of the Supreme Court, senior advocate Kapil Sibal reaffirmed that the integration of Jammu and Kashmir in India has always been and will continue to remain unquestionable. Sibal represented the petitioners challenging the 2019 Presidential Order that revoked the special status of Jammu and Kashmir and bifurcated it into two Union Territories.
Sibal emphasized that Jammu and Kashmir is an integral part of India, and there has never been any dispute regarding its status. He described the proceedings as “historic” and questioned the validity of the Jammu and Kashmir Reorganisation Act, 2019, which led to the division of the erstwhile state.
The senior advocate raised crucial questions about the procedure adopted by Parliament and its consistency with democratic principles. He challenged the imposition of emergency in Jammu and Kashmir, urging the Constitution Bench to interpret Article 356 and assess how democracy in the region has been affected.
The Constitution Bench, headed by Chief Justice of India D.Y. Chandrachud and comprising four other justices, commenced hearing on the batch of petitions challenging the abrogation of Article 370 of the Constitution. The hearings will span multiple days, except for Mondays and Fridays, with senior advocates Kapil Sibal, Gopal Subramanium, Rajeev Dhavan, and Dushyant Dave presenting arguments on behalf of the petitioners and intervenors.
The Supreme Court has made the proceedings accessible to the public by live-streaming them on its YouTube channel, and transcripts will be released on its official website.
Various petitions challenging the Jammu and Kashmir Reorganisation Act, 2019, have been filed by political parties, private individuals, lawyers, and activists, contesting the downgrading and division of the region into Union Territories.
The Central government, in a fresh affidavit, defended the revocation of Jammu and Kashmir’s special status, claiming that it has brought unprecedented development, progress, security, and stability in the region. The government highlighted the significant reduction in violence and terrorist activities, indicating improved security conditions after the constitutional changes.
Additionally, intervention applications have been filed by Kashmiri Pandits in support of the Centre’s move to strip the region of its special status.