Article 370 challenge on J&K status returns to Supreme Court: What to expect

In a highly controversial move, the Modi government had abolished the special status of Jammu and Kashmir in 2019.

Jul 10, 2023 - 20:30

Article 370 challenge on J&K status returns to Supreme Court: What to expect

After a significant delay of nearly four years, the Supreme Court on Tuesday will resume hearing the legal challenge to the abrogation of Article 370 of the Constitution and the bifurcation of the erstwhile state of Jammu and Kashmir into two Union territories.

The case last saw progress in March 2020, when another five-judge Constitution bench of the Supreme Court had refused to refer the matter to a larger, seven-judge bench of the court.

The court will be examining whether Parliament could have abrogated Article 370 without the consent of the people of Jammu and Kashmir and whether its demotion to a Union territory was legal as per the Constitution.

Looking back at what transpired in J&K in August 2019

In December 2018, the Modi government had declared President’s Rule in the then state of Jammu and Kashmir. The trigger: the Bharatiya Janata Party had pulled out of the ruling alliance in the state government with the Jammu and Kashmir Peoples Democratic Party. As a result, the state government had fallen.

During President’s Rule, as per Article 356 of the Constitution (provisions in case of failure of constitutional machinery in States), the state government is temporarily suspended and the administration of the state is undertaken directly by the Union government.

In the first few days of August...