Article 370 case: LIVE UPDATES from Supreme Court [Day 7]

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, and 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 such a reference.

On August 2, the top court began final hearings in the matter with a question to the petitioners about whether the Constitution makers and Article 370 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.

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 in the case of Brexit in the United Kingdom.

On August 10, the top court remarked that the Constitution of Jammu and Kashmir (J&K) is not mentioned anywhere in the Constitution of India and that the only document which is binding on the Indian Constitution is the Indian Constitution itself.

The Court 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.

The top court, on August 10 had remarked that in no way was the integration of Jammu and Kashmir with India in 1948 conditional. The integration was absolute and complete in every which way, remarked CJI Chandrachud.

"So the only question which remains in a limited sense was if Parliament could exercise the power etc.," he added.

Yesterday, the Supreme Court remarked that there is a difference between the existence of a power and the alleged abuse of such power while hearing arguments on the Central government's legal powers to abrogate Article 370.

Live updates from today's hearing feature here.