Supreme Court dismisses PIL seeking to declare abrogation of Article 370 valid
New Delhi, August 21
Terming it as “misconceived”, the Supreme Court on Monday dismissed a PIL seeking to declare as constitutionally valid the abrogation of Article 370 of the Constitution which accorded a special status to the erstwhile state of Jammu and Kashmir.
“What kind of a petition is this? You are now seeking a declaration by this court that the abrogation of Article 370 is valid. Why should we issue that declaration on your petition? Who has set your client up?” a Bench led by Chief Justice of India DY Chandrachud said.
The issue of constitutional validity of abrogation of Article 370 and Article 35-A was already pending before a constitution Bench, the CJI told the petitioner’s counsel.
A five-judge Constitution Bench led by the CJI Chandrachud has been hearing arguments since August 2 on petitions challenging the abrogation of the provisions of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, which bifurcated the erstwhile state into two union territories – Jammu and Kashmir; and Ladakh.
The Bench said, “A declaration cannot be issued by this court with regard to the constitutional validity of the action of the Union Government. In any event, the issue of constitutional validity is pending before the Constitution Bench.”
Incorporated in the Constitution by a 1954 Presidential Order, Article 35-A gave special rights and privileges to the citizens of Jammu and Kashmir and barred people from outside the state from acquiring any immovable property in the state. It also denied property rights to a woman who married a person from outside the state.
On August 5, 2019, the Centre decided to end the special status of Jammu and Kashmir by abrogating Article 370 and bifurcate it into two union territories.
