The Supreme Court will hear a batch of petitions challenging the decision to abrogate Article 370 on Tuesday. The five-judge bench is headed by Chief Justice of India DY Chandrachud.
The petitions were filed in 2019 after the Centre abrogated Article 370, which had given special status to Jammu and Kashmir. The petitioners argue that the abrogation was unconstitutional and that it violated the rights of the people of Jammu and Kashmir.
The Centre has defended the abrogation, saying that it was necessary to bring peace and stability to the region. The Centre has also said that the abrogation has led to economic development and improved security in Jammu and Kashmir.
The hearing on the petitions is expected to be closely watched. The Supreme Court is likely to ask tough questions to both the petitioners and the Centre. The Court’s decision will have a significant impact on the future of Jammu and Kashmir.
In a related development, the Centre on Monday submitted an affidavit to the Supreme Court defending the abrogation of Article 370. The Centre said that the entire region of Jammu and Kashmir has witnessed an unprecedented era of peace, progress and prosperity since the abrogation.
The Centre said that the number of stone pelting incidents has come down to zero, and the casualty of security personnel has declined by 65.9%. The Centre also said that the UTs of Jammu & Kashmir and Ladakh have witnessed profound ameliorative, affirmative and progressive changes in the last four years.
However, the Centre’s affidavit was termed illogical and without constitutional backing by former chief ministers of Jammu and Kashmir Mehbooba Mufti and Omar Abdullah.
”The Centre’s defence lacks logic … (is) illegal & unconstitutional abrogation of Article 370,” PDP President Mehbooba Mufti said in a tweet. ”Brute majority was used to subvert the Indian constitution that extended guarantees to the people of J&K & GOI also violated earlier rulings of Hon’ble SC which held that only J&K’s constituent assembly could recommend the removal of Article 370 to the President of India,” she said.
National Conference leader Omar Abdullah also took to Twitter saying the arguments put forth by the government were political and had little in the way of legality. ”These are definitely political arguments the BJP/Union Govt can make to sell their decision to the voter but they are not legal arguments.
”The entire case in the SC is about the illegality & unconstitutionality of what was done on 5th Aug 2019, not whether the Govt has a strong enough political case,” Abdullah said.
