Why did Supreme Court reject petitions against Article 370?


Supreme court Chief Justice D.Y. A five-judge bench headed by Chandrachud rejected the petitions seeking review of its decision to remove Article 370. According to the report of Live Law, the court said that after considering the review petitions, it is clear that there is no mistake on record. According to Order XLVII Rule 1 of the supreme court Rules 2013, this is not a matter of review. Therefore, these petitions are being dismissed."  In fact, in the month of December 2023 itself, the supreme court upheld the validity of the Central Government's 2019 decision to abrogate article 370 of the Constitution that gave special status to Jammu and Kashmir. Only after this article was removed, many petitions were filed challenging it.

What was in the petitions against Article 370?

In the petitions filed against this article, the petitioners demanded the court reconsider the decision to abrogate article 370 and divide the state into two union territories. According to the petitioners, article 370 was a permanent provision and its removal was against the Instrument of Accession, through which kashmir - SRINAGAR/JAMMU' target='_blank' title='jammu and kashmir-Latest Updates, Photos, Videos are a click away, CLICK NOW'>jammu and kashmir was made a part of India. The petitioners also argued that the decision to abrogate article 370 is a political act taken against the wishes of the people here.

The court's big decision came on 11 december 2023 

In fact, in the decision given on december 11, 2023, the supreme court, along with ordering the abolition of article 370, had also upheld the powers of the President. During that hearing, the court had said in its decision that 'Article 370 was neither an attribute of unlimited federalism nor of sovereignty.' During the hearing, the court also admitted that the consent of kashmir - SRINAGAR/JAMMU' target='_blank' title='jammu and kashmir-Latest Updates, Photos, Videos are a click away, CLICK NOW'>jammu and kashmir is not required to implement all the provisions of the indian Constitution. At that time, the supreme court had also told the election commission that elections in kashmir - SRINAGAR/JAMMU' target='_blank' title='jammu and kashmir-Latest Updates, Photos, Videos are a click away, CLICK NOW'>jammu and kashmir should be held by september 30, 2024. Along with this, kashmir - SRINAGAR/JAMMU' target='_blank' title='jammu and kashmir-Latest Updates, Photos, Videos are a click away, CLICK NOW'>jammu and kashmir were asked to restore their statehood as soon as possible.

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