SC to pronounce verdict on abrogation of Art 370 today, 4 years after the state lost it’s special status

Security has been beefed up in Jammu and Kashmir ahead of the Supreme Court pronouncing its verdict on a batch of petitions challenging the constitutional validity of abrogation of article 370 by the Central government. This comes four years after J&K lost its special status following the abrogation of article 370. 

Total 23 petitions were filed before the Supreme Court, all of them were clutched and a five-judge Constitution Bench presided by Chief Justice of India D Y Chandrachud heard the matter for 16 days before reserving the verdict on September 5. The Bench also includes Justices S K Kaul, Sanjeev Khanna, B R Gavai and Surya Kant. 

The petitioners challenged that the manner in which the special status was scrapped, by way of Presidential orders dated August 5 and 6, 2019, while J&K was under President’s Rule. The abrogation was preceded and also followed by massive clampdown on activists and political leaders including former chief ministers Omar Abdullah and Mehbooba Mufti were put under house arrest . Thousands were detained along with communication blackout. Internet was shut down for 550 days. 

Some of the petitions among the 23 clutched, also challenged Section 35A of the Constitution that allows J&K to make special laws for its permanent residents. Submissions in the court ranged from arguing on the history of J&K’s accession to peace and stability in the region. The petitioners had challenged that there was no merger agreement signed between the Union of India and the then Maharaja of J&K but rather only an Instrument of Accession (IoA), and, therefore, the sovereignty of J&K was never surrendered to Union of India. It was stressed during the hearing by the petitioners that Parliament’s power to make laws for the state was limited under the Accession law. 

The Centre has submitted that since the state was under the President’s rule, the powers of the J&K assembly lied with the Parliament and thus, the  Parliament could make laws for the state. Calling the move historic, centre has maintained the abrogation has led to peace, stability and prosperity in the region.