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Article 370 abrogation: Review petitions challenge Supreme Court verdict

Multiple review petitions have been filed before the Supreme Court challenging its recent verdict upholding the abrogation of Article 370 of the Constitution. Article 370 had previously conferred a special status to the erstwhile State of Jammu and Kashmir. 

Reportedly, one review petition has been filed by Muzaffar Iqbal Khan and another review petition has been filed by the Awami National Conference. Both the parties were among the petitioners in the Article 370 case. 

On December 11, 2023, a five-judge Supreme Court bench unanimously upheld the Central government’s 2019 decision to abrogate Article 370 of the Constitution. The apex court reasoned that Article 370 was a transitory provision. 

Notably, the Supreme Court bench refused to decide on the validity of the 2019 law which paved the way for the bifurcation of Jammu and Kashmir into two Union Territories in the aftermath of the abrogation of Article 370.

The top court bench headed by Chief Justice of India DY Chandrachud recorded a statement given by the Solicitor General of India Tushar Mehta that statehood would be restored to the region. The Supreme Court verdict received criticism from several sectors. 

Speaking on the verdict, former Supreme Court judge Justice Rohinton Nariman has said that the judgement was disturbing and impacts federalism in a big way. He added that the verdict allowed the Central government to bypass Article 356 of the Constitution, according to which the President’s Rule in a State is possible only for a year. 

Reports stated that a number of petitions were filed in the Supreme Court, including those of private individuals, lawyers, activists, politicians and political parties challenging the Jammu and Kashmir Reorganisation Act, 2019, which splits Jammu and Kashmir into two Union Territories namely, Jammu and Kashmir and Ladakh.

The Central government on August 5, 2019 announced the revocation of the special status of Jammu and Kashmir granted under Article 370 and split the region into two Union territories.

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