There is no flaw… Supreme Court rejected review petitions on Section 370, 5 important things about the decision

Ronit Kawale
Ronit Kawale - Senior Editor
3 Min Read

New Delhi: The Supreme Court has rejected the petitions demanding reconsideration of its decision related to Article 370. A bench headed by CJI DY Chandrachud said that after considering the review petitions, it was found that there is no apparent error on record. No case for review is made out under Order XLVII, Rule 1 of the Supreme Court Rules, 2013. In such a situation, review petitions regarding Article 370 are rejected. The 5-judge bench also included Justices Sanjiv Khanna, BR Gavai, Surya Kant and AS Boppana.➤ The bench rejected the petitions seeking listing of the review petition in open court and permission to appear in person and argue.

In this, it was decided to end the special status of Jammu and Kashmir by removing Article 370. Justice Kaul is retiring on December 25, 2023, after which the reconstituted bench including Justice Bopanna decided the review petitions.

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➤ Last December, the bench, in three separate but unanimous judgements, ordered restoration of statehood 'as soon as possible'. The deadline for holding assembly elections in the Union Territory of Jammu and Kashmir has been fixed as September 30, 2024. It also upheld the validity of the Centre's decision to convert Ladakh from a erstwhile state to a Union Territory.

➤ In the case of reorganizing the state into the Union Territories of Jammu and Kashmir and Ladakh in 2019, the bench rejected the argument that under Article 3, a Bill for the same can be introduced only with the consent of the state legislature. The bench said it had held in a previous case that such a recommendation by the state legislature is only recommendatory and not binding on the Parliament.

➤ Furthermore, the Supreme Court said that the President has the power to declare or issue a notification that Article 370 will cease to exist even after the dissolution of the Jammu and Kashmir Assembly. It said that considering the historical context, Article 370 was a temporary provision. In its decision, the apex court had also asked the Election Commission of India to take steps to conduct Jammu and Kashmir assembly elections by September 30, 2024.

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