Supreme Court rejects petition seeking review of Article 370 abrogation ruling
The Supreme Court of India dismissed review petitions challenging its decision affirming the abrogation of Jammu and Kashmir's special status under Article 370. The court found no errors in its previous ruling, upheld the revocation, and mandated statehood restoration and elections by September 2024. The petitions were rejected without open court hearings.
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FollowThe honourable Supreme Court has rejected petitions seeking a review of its December 2023 ruling that supported the abrogation of Jammu and Kashmir's special status under Article 370 of the Indian Constitution. The five-judge bench, consisting of Chief Justice DY Chandrachud and Justices Sanjiv Khanna, BR Gavai, Surya Kant, and AS Bopanna, determined that there were no apparent errors in the December 11, 2023 judgment.
The bench, in an order passed on May 1, said, "Having perused the review petitions, there is no error evident on the face of the record. No case for review under Order XLVII Rule 1 of the Supreme Court Rules 2013. The review petitions are, therefore, dismissed."
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The Supreme Court had earlier affirmed the Presidential Orders that revoked the special status of Jammu and Kashmir but had refrained from ruling on the constitutionality of the J&K Reorganisation Act. This decision was influenced by a statement from the Solicitor General, who assured the Court that J&K's statehood would be restored at the earliest.
Chief Justice DY Chandrachud's five-judge bench considered the pleas in chambers and dismissed the applications for an open court hearing of the review petition. The bench also rejected requests from various petitioners to appear and argue in person.
The review petitions were filed by several parties, including the Awami National Conference, the Jammu and Kashmir People's Democratic Party, CPI(M) leader Mohammed Yousuf Tarigami, the Jammu and Kashmir High Court Bar Association, and lawyer Muzaffar Iqbal Khan.
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On December 11, 2023, the top court upheld the Central Government’s 2019 decision to abrogate Article 370 and ordered that assembly elections in Jammu and Kashmir be held by the end of September 2024, with statehood to be restored "at the earliest."
Article 370, incorporated into the Indian Constitution in 1949, granted special status to Jammu and Kashmir. The Supreme Court's December judgment held that the President of India had the authority to revoke this provision after the term of the Constituent Assembly of the erstwhile state expired in 1957.
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