SC rejects petition to review its Article 370 order, says ‘No error’
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New Delhi: The Supreme Court has denied petitions for reconsideration of its December 2023 ruling upholding the government's August 2019 decision to revoke Article 370 of the Constitution ending the then-State of Jammu and Kashmir's unique status.
“Having perused the review petitions, there is no error apparent on the face of the record. No case for review under Order XLVII Rule 1 of the Supreme Court Rules 2013. The review petitions are, therefore, dismissed,” a five-judge bench, presided by Chief Justice of India D Y Chandrachud, said.
The bench also comprised Justices Sanjiv Khanna, B R Gavai, Surya Kant and A S Bopanna, Indian Express reported.
A copy of the order was posted on the court's official website on Tuesday, following the dismissal of the petitions on May 1. A Constitution Bench unanimously upheld the Modi government's August 2019 decision to revoke Article 370 and abolish J&K's special status in a historic verdict on December 11, 2023.
The then five-judge bench comprised CJI Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai and Surya Kant.
On December 25, 2023, Justice Kaul announced his retirement. Judge Bopanna thereafter rejoined the bench to hear cases involving review petitions.
In three separate but unanimous rulings last December, the bench upheld the legality of the Center's decision to split off the Union Territory of Ladakh from the former state, ordered the restoration of statehood "at the earliest," and set September 30, 2024, as the deadline for holding Assembly elections in the Union Territory of J&K.
The judgement affirmed the constitutional legality of two Presidential Orders, The Constitution (Application To Jammu and Kashmir) Order (CO) 272 and 273, dated August 5 and 6, 2019, which declared the entire Indian Constitution applicable to the region and all of Article 370 to be inoperative.
According to this ruling, when J&K joined the Union of India, it "did not retain an element of sovereignty."
The bench rejected the argument that the Bill for this under Article 3 could have been introduced only with the consent of the state legislature, stating that it had previously held that such a recommendation of the state legislature is only recommendatory and not binding on Parliament. This decision relates to the reorganisation of the state into the Union Territories of J&K and Ladakh in 2019.
