In a significant ruling, The Supreme Court on Monday dismissed a Public Interest Litigation (PIL) seeking declaration affirming the validity of the Centre’s decision to abrogate the special status of Jammu Kashmir under Article 370(1) and the deletion of Article 35A of the Indian Constitution.
Chief Justice of India DY Chandrachud, who presided over the bench alongside Justice JB Pardiwala and Justice Manoj Mishra, expressed his initial skepticism about the petition’s nature, Live Law reported.
Chief Justice Chandrachud, as per Live Law questioned the petitioner’s intent during the hearing, stating, “What kind of a petition is this? Who has set your client up?”
He further clarified the court’s position, saying, “A declaration cannot be issued by this court regarding the constitutional validity of the action taken by the central government. The question of constitutional validity is pending before this court. This plea is misconceived.”
Subsequently, the plea was dismissed.
The PIL had sought an official declaration from the Supreme Court affirming the constitutional validity of the government’s decision to abrogate Article 370(1) and revoke Article 35A, which granted special autonomy to the former state of Jammu and Kashmir.
It’s important to note that a constitution bench is currently hearing a series of pleas challenging the abrogation of Article 370(1), which occurred on August 5, 2019. Simultaneously, the challenge to the deletion of Article 35A, which granted special privileges to the residents of Jammu and Kashmir in matters related to property and employment, is also under consideration by the court.