Supreme Court Affirms: No Reversal on Article 370 Abrogation, Upholds Jammu and Kashmir Reorganization

The Supreme Court has rejected the petitions asking for a review of its decision to remove the special status of Jammu and Kashmir under Article 370 of the Constitution.

A 5-judge panel, including Chief Justice of India DY Chandrachud and Justices Sanjiv Khanna, BR Gavai, Surya Kant, and AS Bopanna, dismissed the review petitions. They stated that there was no clear mistake in the original judgment given on December 11, 2023.

“After examining the review petitions, we found no obvious error in the record. There is no basis for a review under Order XLVII Rule 1 of the Supreme Court Rules 2013. The review petitions are, therefore, dismissed,” the panel stated in the order issued on May 1.

While supporting the Presidential Orders that revoked Jammu and Kashmir’s special status, the Court did not rule on the legality of the J&K Reorganisation Act. This was due to the Solicitor General’s assurance that J&K’s statehood would be restored soon. The Court set a deadline of September 30, 2024, for holding elections to the J&K legislative assembly.

The Court also approved the creation of Ladakh as a separate Union Territory from J&K, stating that Parliament has the power to create a UT from a State without needing the State assembly’s opinion.

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