Supreme Court to take a call on whether to forward Article 370 issue to seven-bench judge today
New Delhi, Mar 02: Supreme Court will on Monday take a call whether the petitions that challenges the abrogation of Article 370 of the Constitution, that recently granted special status to the Jammu and Kashmir, should be heard by a seven-judge bench.
Earlier, a five-judge bench, presided by Justice NV Ramana comprising justices Sanjay Kishan Kaul, BR Gavai, R Subhash Reddy and Surya Kant had reserved its order on reference of the case to a seven-judge bench.
In August 2019, the Centre had abrogated Article 370 which ended special provisions provided to Jammu and Kashmir and bifurcated it into two union territories - Jammu and Kashmir with a legislative assembly and Ladakh without one.
As many as 23 petitions have been filed in the Supreme Court that challenged the Centre's decision.
According to reports, senior counsel Dinesh Dwivedi, had pointed out that two Supreme Court judgements that was held earlier, Prem Nath Kaul (1959) and Sampat Prakash (1968), are at loggerheads with regard to the scope and intent of Article 370.
However, since the judgements for these both were delivered by benches of five judges, Dwivedi had asked the court to refer the issue to a seven-bench or more judges.
The Centre and the Union territory of Jammu and Kashmir opposed the reference and submitted that there was no conflict between the two judgements.
In August 2019, Jammu and Kashmir witnessed communications blackout and a lockdown after several politicians and activists were detained to prevent protests against the Centre's decision.