Abrogation of Article 370: LIVE UPDATES from Supreme Court [Day 5]

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.

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 August 2, the top court began hearing 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.

On August 4, the top court asked whether the Article would become part of the basic structure of the Constitution if it is accepted that Article 370 of the Constitution became permanent when the constituent assembly of Jammu and Kashmir was dissolved in 1957.

Further, the Supreme Court on August 9 said that in a Constitutional democracy like India, the opinion of people on public issues is sought through established institutions and not referendums as with the case of Brexit in the United Kingdom.

Yesterday, the top court remarked that Constitution of Jammu and Kashmir (J&K) is not mentioned anywhere in the Constitution of India and the only document which is binding on the Indian Constitution is the Indian Constitution itself.

The Court had further posed questions about scrapping Article 370 by way of an ordinance when the State is under President's rule as provided in Article 356.

Live updates from today's hearing here.