Even as the delimitation exercise in Jammu and Kashmir’s union territory gets underway, the Supreme Court has hinted that it would take up the petitions challenging the central government’s intention to repeal Article 370 after the summer vacation, which runs from May 23 to July 11, according to India Today report.
Senior advocate Shekhar Naphde raised the issue before a bench led by Chief Justice NV Ramana on Monday, as per report.
He stated that it is critical because the delimitation process in Jammu and Kashmir has begun.
“It’s a five-judge bench case,” the Chief Justice of India responded. I’ll have to check with the other judges, as some of them are about to retire. We’ll see after the vacations.”
“Let the case be listed immediately after the vacations,” Mr. Chidambaram urged, according to TheHindu. The case had not been heard since a five-judge bench led by Justice (as he was then) Ramana refused to refer the petitions to a larger Bench in a March 2020 order. Justice R. Subhash Reddy, one of the judges on the bench, has since retired.
PETITIONS’ HISTORY
The petitions were briefly examined in 2019, when the court debated whether the cases should be heard by a seven-judge bench. The court concluded on March 2, 2020, that the Article 370 abrogation question might be addressed by a five-judge bench.
These cases have not yet been heard due to the Covid pandemic and the shift to virtual hearing mode. The subject was scheduled for urgent hearing in 2021, but the bench could not be formed since it was thought that the enormous number of petitions and lawyers engaged would necessitate a physical hearing.
As the central government began the delimitation process for the union territory this year, a series of petitions were filed challenging the central government’s March 2020 decision to form a Delimitation Commission to re-ook the Lok Sabha and assembly seats in J&K.
ARTICLE 370 ABROGATION
By abrogating Article 370 on August 5, 2019, the Centre revoked Jammu and Kashmir’s special status and divided the state into two union territories.
Article 370 and Article 35A (established by Presidential Order) of the Constitution awarded Jammu and Kashmir special status.
Article 370, when combined with Article 35A of the Indian Constitution, granted Jammu and Kashmir special status, allowing it to have its own constitution and penal code, among other legal distinctions.
DELIMITATION IN JAMMU AND KASHMIR
A Delimitation Commission was established after the division of J&K into two union territories to redesign the borders of assembly constituencies in the region.
By early May, the Commission intends to have completed the delimitation process for J&K.
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The Chenab Times News Desk
