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The Supreme Court is presently hearing the challenge made to the abrogation of Article 370 of the Constitution, which had earlier recognised a special status for Jammu and Kashmir in certain respects.
A batch of petitions challenging various aspects of the abrogation of Article 370 is being heard by a five-Judge Constitution Bench of Justices NV Ramana, SK Kaul, R Subhash Reddy, BR Gavai and Surya Kant. The hearing was earlier scheduled to be heard on November 14. However, the Bench deferred the hearing, opining that it required one common compilation of all the documents of both sides to ensure that the hearing becomes easier.
Live updates from today’s hearing follow
Request for Live Streaming and Hearing in biggest Courtroom
Game of Chairs
Raju Ramachandran Making Submissions
Post Lunch Updates
The Presidential Order of August 5 paved the way for the removal of Article 370 earlier this year. On August 5, the Constitution (Application to Jammu & Kashmir) Order, 2019, was introduced to supersede the Constitution (Application to Jammu & Kashmir) Order, 1954. The 1954 Order had listed out provisions of the Constitution of India that would not apply to Jammu and Kashmir.
In its place, the 2019 Order provided that all provisions of the Constitution of India will apply to the state of Jammu & Kashmir, with a few exceptions and modifications.
Though the power to abrogate or modify Article 370 was conferred on the President under clause (3) of the Article, there was a pre-condition to the same – concurrence by the Constituent Assembly of the State of Jammu & Kashmir. The Constituent Assembly had, however, ceased to exist as far back as in the 1950s.
In order to get over this hurdle, the Presidential Order now under challenge had amended Article 367 to replace the reference to “Constituent Assembly” under Article 370(3) to mean “Legislative Assembly”.
Subsequently, the President had issued another order on August 6 making Article 370 redundant.