Abrogation of Article 370: LIVE UPDATES from Supreme Court [Day 2]

A Constitution bench of the Supreme Court of India is hearing a batch of petitions challenging the abrogation of Article 370 of the Constitution which conferred special status on the erstwhile State of Jammu and Kashmir.

A Bench of Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant is hearing the matter.

Yesterday, the top court began hearing in the matter with a question to the petitioners about whether the Constitution makers and Article itself envisaged the provision as a permanent or temporary one.

The Court sought to know whether the Article was envisaged as a permanent provision merely because the Constituent Assembly of Jammu and Kashmir (J&K), which was empowered to recommend the deletion of the provision, ceased to exist in 1957.

The CJI was referring to the proviso to clause 3 of Article 370 as per which the recommendation of the Constituent Assembly of Jammu and Kashmir is necessary before Article 370 can be declared to be inoperative by the President of India.

Over 20 petitions are pending before the Supreme Court challenging the Central government's 2019 decision to abrogate Article 370 of the Constitution, which resulted in the revocation of Jammu and Kashmir's special status. The erstwhile State was subsequently bifurcated into two Union Territories.

When the matters were listed in March 2020, a five-judge Constitution Bench of the Supreme Court had decided not to refer the batch of petitions to a seven-judge Constitution Bench, despite some petitioners seeking a reference.

On July 11 this year, two petitioners, Shah Faesal and Shehla Rashid sought permission to withdraw their pleas and the request was allowed by the Court.

Live updates from the hearing today.