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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.
Senior Advocate Raju Ramachandran is expected to continue making submissions for the petitioners today.
Read an account of yesterday’s hearing here.
Live updates from today’s hearing follow
Constitution Bench of Justices NV Ramana, Sanjay Kishan Kaul, R Subhash Reddy, BR Gavai, and Surya Kant assembles.
Raju Ramachandran making submissions
Post Lunch Hearing
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.