The Supreme Court has dismissed review petitions that had questioned the correctness of its judgment upholding the abrogation of Article 370 of the Constitution of India [Awami National Conference vs Union of India and anr]..A Bench of Chief Justice of India DY Chandrachud with Justices Sanjiv Khanna, BR Gavai, Surya Kant and AS Bopanna on May 1 said that no case for review was made out."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", the Court stated..The review petitions had challenged the Supreme Court's December 2023 decision to uphold the deletion of Article 370, which had earlier conferred a special status to the erstwhile State of Jammu and Kashmir. The Court had reasoned that Article 370 was a transitory provision.Controversially, at the time, the Court also refused to decide on the validity of the 2019 law that had paved the way for the bifurcation of Jammu and Kashmir into two Union Territories in the aftermath of the abrogation of Article 370.Instead, the Bench led by Chief Justice of India DY Chandrachud recorded an assurance given by the Solicitor General of India Tushar Mehta that statehood would eventually be restored to the region..Article 370 judgment explained: Supreme Court says President could have struck down provision unilaterally.The verdict invited criticism from several quarters.Former Supreme Court judge Justice Rohinton Nariman has said that the judgment was disturbing, that it impacted federalism in a big way, and allowed the Union government to bypass Article 356 of the Constitution, as per which the President's Rule in a State is possible only for a year.His father, veteran jurist and Senior Advocate Fali S Nariman later lamented the lack of any dissenting judgment in the case..[Read order]
The Supreme Court has dismissed review petitions that had questioned the correctness of its judgment upholding the abrogation of Article 370 of the Constitution of India [Awami National Conference vs Union of India and anr]..A Bench of Chief Justice of India DY Chandrachud with Justices Sanjiv Khanna, BR Gavai, Surya Kant and AS Bopanna on May 1 said that no case for review was made out."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", the Court stated..The review petitions had challenged the Supreme Court's December 2023 decision to uphold the deletion of Article 370, which had earlier conferred a special status to the erstwhile State of Jammu and Kashmir. The Court had reasoned that Article 370 was a transitory provision.Controversially, at the time, the Court also refused to decide on the validity of the 2019 law that had paved the way for the bifurcation of Jammu and Kashmir into two Union Territories in the aftermath of the abrogation of Article 370.Instead, the Bench led by Chief Justice of India DY Chandrachud recorded an assurance given by the Solicitor General of India Tushar Mehta that statehood would eventually be restored to the region..Article 370 judgment explained: Supreme Court says President could have struck down provision unilaterally.The verdict invited criticism from several quarters.Former Supreme Court judge Justice Rohinton Nariman has said that the judgment was disturbing, that it impacted federalism in a big way, and allowed the Union government to bypass Article 356 of the Constitution, as per which the President's Rule in a State is possible only for a year.His father, veteran jurist and Senior Advocate Fali S Nariman later lamented the lack of any dissenting judgment in the case..[Read order]