Review petitions filed against SC verdict that upheld Article 370 abrogation
Last month, the Supreme Court ruled that the Centre’s move was lawful and that the constitutional provision was temporary.
At least two review petitions have been filed before the Supreme Court challenging its judgement that upheld the abrogation of Article 370 of the Constitution, ANI reported.
Article 370, which was abrogated by the Centre on August 5, 2019, had given special status to the erstwhile state of Jammu and Kashmir.
The review petitions have been filed by Doctor Hussain, chief of the Jammu and Kashmir People’s Movement and Muzaffar Shah, president of the Jammu and Kashmir Awami National Conference.
“Article 370 cannot be killed,” Shah told ANI. “We will debate [the judgement] in court.”
The Supreme Court last month upheld the validity of the president’s 2019 order repealing Article 370, calling it a “temporary provision”. This was in response to over 20 petitions challenging the Centre’s decision, which also split the erstwhile state into two Union territories: Jammu and Kashmir, and Ladakh.
The petitioners have maintained that Article 370 was not, in fact, a temporary provision but had assumed permanence after the dissolution of the Jammu and Kashmir Constituent Assembly in 1957.
In its judgement last month, the Supreme Court said that after Jammu and Kashmir’s accession to India in 1947, its internal sovereignty was not different from that of other states of the country.
Justice Khanna said in his judgement that Article 370 is an example of asymmetric federalism and not indicative of the sovereignty of Jammu and Kashmir. He also added that abrogation of Article 370 does not erode the federal structure of the Constitution.
Also read: How the Supreme Court upheld Modi government’s Article 370 abrogation