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'Who has set your client up': SC junks plea seeking to declare Article 370 abrogation 'constitutionally valid'

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Published : Aug 21, 2023, 6:28 PM IST

The Supreme Court bench asked the counsel, “Why should we issue that declaration on your petition? Who has set your client up?” The PIL sought a declaration that the abrogation of Article 370 (1) of the Constitution and the deletion of Article 35-A were "constitutionally valid".

The Supreme Court on Monday junked a plea seeking a declaration that abrogation of Article 370, which bestowed special status on the erstwhile state of Jammu and Kashmir, was "constitutionally valid".
SC junks plea asking to declare Article 370 abrogation 'constitutionally valid'

New Delhi: The Supreme Court on Monday junked a plea seeking a declaration that abrogation of Article 370, which bestowed special status on the erstwhile state of Jammu and Kashmir, was "constitutionally valid".

A bench headed by Chief Justice of India D Y Chandrachud asked the petitioner’s counsel, “What kind of a petition is this? You are now seeking a declaration by this court that the abrogation of Article 370 is valid?”. The top court said the issue of the constitutional validity of abrogation of Article 370 is already being heard by a five-judge constitution bench of the apex court.

The bench, also comprising justices J B Pardiwala and Manoj Misra, asked the counsel, “Why should we issue that declaration on your petition? Who has set your client up?” The PIL sought a declaration that the abrogation of Article 370 (1) of the Constitution and the deletion of Article 35-A were "constitutionally valid".

The bench said that the court cannot issue a declaration in connection with the constitutional validity of the action of the central government and dismissing the plea said, “The present petition is misconceived and is accordingly dismissed”. A five-judge constitution bench headed by the Chief Justice of India is hearing a batch of petitions challenging the abrogation of the provisions of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, which split J&K into two union territories.

On August 5, 2019, the Centre revoked the special status of the erstwhile state of Jammu and Kashmir and bifurcated it into two union territories.

Also read: SC: Judicial review must be confined to a constitutional violation, not to wisdom of Centre's decision to abrogate Article 370

New Delhi: The Supreme Court on Monday junked a plea seeking a declaration that abrogation of Article 370, which bestowed special status on the erstwhile state of Jammu and Kashmir, was "constitutionally valid".

A bench headed by Chief Justice of India D Y Chandrachud asked the petitioner’s counsel, “What kind of a petition is this? You are now seeking a declaration by this court that the abrogation of Article 370 is valid?”. The top court said the issue of the constitutional validity of abrogation of Article 370 is already being heard by a five-judge constitution bench of the apex court.

The bench, also comprising justices J B Pardiwala and Manoj Misra, asked the counsel, “Why should we issue that declaration on your petition? Who has set your client up?” The PIL sought a declaration that the abrogation of Article 370 (1) of the Constitution and the deletion of Article 35-A were "constitutionally valid".

The bench said that the court cannot issue a declaration in connection with the constitutional validity of the action of the central government and dismissing the plea said, “The present petition is misconceived and is accordingly dismissed”. A five-judge constitution bench headed by the Chief Justice of India is hearing a batch of petitions challenging the abrogation of the provisions of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, which split J&K into two union territories.

On August 5, 2019, the Centre revoked the special status of the erstwhile state of Jammu and Kashmir and bifurcated it into two union territories.

Also read: SC: Judicial review must be confined to a constitutional violation, not to wisdom of Centre's decision to abrogate Article 370

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