21-08-2023 : In a recent ruling, the Supreme Court of India has rejected a petition that sought a declaration of the constitutional validity of the abrogation of Article 370. This article had conferred special status upon the former state of Jammu and Kashmir. The dismissal came from a bench led by Chief Justice D Y Chandrachud, which deemed the petition as “misconceived.” The bench further pointed out that the matter of the constitutional validity of Article 370’s abrogation is already under consideration by a constitutional bench of the apex court.
The petitioner, who filed a Public Interest Litigation (PIL), was seeking a declaration that the abrogation of Article 370(1) and the removal of Article 35-A were constitutionally valid actions. However, the bench questioned the rationale behind such a declaration, emphasizing that the issue of constitutional validity was already being examined by the Constitution bench.
The court observed, “A declaration cannot be issued by this court with regard to the constitutional validity of the action of the Union Government. In any event, the issue of constitutional validity is pending before the constitution bench.” Consequently, the bench declared the present petition to be misconceived and subsequently dismissed it.
Article 35-A, which was introduced into the Constitution through a Presidential Order in 1954, had granted special rights and privileges to the residents of Jammu and Kashmir. This article also prohibited individuals from outside the state from acquiring immovable property within its borders. Additionally, it denied property rights to women who married individuals from outside the state.
The significant decision to revoke the special status of Jammu and Kashmir and restructure it into two union territories was made by the central government on August 5, 2019. By abrogating Article 370, the government dismantled the special provisions that had granted Jammu and Kashmir its distinct status. Currently, a five-judge constitution bench led by the Chief Justice of India is deliberating on a set of petitions challenging the abrogation of Article 370 and the Jammu and Kashmir Reorganisation Act of 2019. This act led to the bifurcation of the former state into two separate union territories—Jammu and Kashmir, and Ladakh.