SC Dismisses Review Petitions Against Constitution Bench Judgment Upholding Abrogation Of Article 370

The Supreme Court on Tuesday dismissed all six review petitions against constitution bench's judgment upholding abrogation Of Article 370.
supreme court

Supreme Court (File image)

New Delhi: The Supreme Court on Tuesday dismissed all six review petitions against constitution bench's judgment upholding abrogation Of Article 370. The review petitions had challenged Dec 11,2023, judgment of the SC constitution bench which upheld Centre's abrogation of Article 370.
"Having perused the review petitions, there is no error apparent on the face of the record. No case for review is made out under the SC Rules The review petitions are, therefore, dismissed.", says the order.
The review petitions were heard on May 1 and the order was uploaded today Prominent among petitioners are Awami National Conference, J&K Peoples Democratic Party, J&K HC Bar Association, CPIM Mohammad Yousuf Tarigami
SC had in the December 11, 2023 judgment noted that:
  • Art 370 was a temporary provision and President had power to scrap it
  • Constitution itself provided provision to amend Art 370 by inserting Article 370, clause (3) which said recommendation of the Constituent Assembly of the State shall be necessary before the President issues such a notification. But after constituent assembly was dissolved requirement of such a consent did not arise
  • Court held that the State of J&K had no internal sovereignty and the concurrence of the State Government was not required to apply the Indian Constitution to the State of J&K
  • Significantly SC directed ECI to take steps to hold elections in J&K by Sept 30
  • SC upheld bifurcation of Ladakh as a UT but said govt must take steps at the earliest to restore statehood to J&K
SC ALSO TOOK INTO CONSIDERATION THE FOLLOWING FACTS:
  • Centre filed an affidavit during the hearing detailing changes brought in by abrogation of Art 370, said it led to an "unprecedented era of peace, progress and stability" in Jammu and Kashmir and Ladakh after three decades of turmoil.
  • People of J&K enjoying rights equal to any other citizen part of the country
  • Being able to hold the G20 meeting in J&K was a watershed event in the history of tourism in the valley
  • Abrogation of Art 370 has resulted in a huge footfall of tourists in the valley. 1.88 crore tourists visited J&K till December 2022.
  • Terrorism, infiltration, stone-pelting and casualties among security personnel have reduced by 45.2 per cent, 90.2 per cent, 97.2 per cent and 65.9 per cent, respectively.
End of Article
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