New Delhi: In a momentous hearing, the Supreme Court of India has begun its day-to-day proceedings on a batch of petitions challenging the abrogation of Article 370 of the Constitution, which conferred special status on the former state of Jammu and Kashmir.
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The five-judge constitution bench, led by Chief Justice DY Chandrachud, presides over the crucial deliberations. The live hearing updates directly from the Supreme Court have created much interest among the citizens of the country and thousands of people are watching the proceedings live.
Senior advocate Kapil Sibal is presenting the arguments on behalf of the petitioners, delving into the historical and legal aspects surrounding the contentious decision to revoke Article 370. Sibal emphasised the importance of a thorough examination of the case, tracing back to the reasons that led to the removal of the special status.
The hearing is expected to explore the constitutional validity of the presidential order from August 5, 2019, that effectively revoked Article 370 and divided Jammu and Kashmir into two union territories - Jammu & Kashmir and Ladakh. This move has been the subject of numerous petitions and has sparked widespread debate since its implementation.
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Kapil Sibal submitted several historical documents and treaties, including the Instrument of Accession and correspondences from the Government of India, shedding light on the circumstances surrounding Article 370's introduction and eventual removal.
Sibal: Now see the Instrument of Accession. There are very interesting snippets as to why this happened...it's obvious. 15th August was independence. He didn't accede. All other Maharajas did but he never wanted to. It's only in October this happened
The court has clarified that the Centre's affidavit on the prevailing conditions in Jammu and Kashmir after the abrogation will not impact the constitutional issues under consideration by the five-judge bench.
This landmark hearing will undoubtedly shape the course of India's constitutional history, as it grapples with questions about parliamentary procedures, democratic principles, and the rights and aspirations of the people of Jammu and Kashmir. The court continues to hear arguments daily, except on Mondays and Fridays when miscellaneous matters are heard.
As the proceedings unfold, it is expected to offer significant insights for students of politics, history, and India's constitution, as they study the legal intricacies and ramifications of this historic case.
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