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Article 370: Unraveling the Historic Abrogation

Article 370

On August 5, 2019, under the leadership of Prime Minister Modi, the Government of India made a landmark decision through a Presidential Order to abrogate Article 370, thereby ending the special status of Jammu and Kashmir.

Supreme Court Verdict: Upholding the Decision

The Supreme Court, on a Monday, upheld the government’s decision to abrogate Article 370. This article had granted special status to the erstwhile state of Jammu and Kashmir. The court also emphasized the need to take steps for holding assembly elections by September 30 the following year.

Timeline of Key Events in the Case

December 20, 2018: President’s Rule Imposed
President’s rule was imposed in Jammu and Kashmir using the powers granted under Article 356 of the Constitution. This rule was extended until July 3, 2019.

August 5, 2019: Abrogation of Article 370
The Center abrogated the provisions of Article 370, which granted special status to the erstwhile state of Jammu and Kashmir.

August 6, 2019: Legal Challenge Initiated
Lawyer ML Sharma, along with Jammu and Kashmir lawyer Shakir Shabir, filed the first petition challenging the President’s order to remove Article 370.

August 10, 2019: National Conference’s Petition
National Conference (NC), a major political party in Jammu and Kashmir, filed a petition, asserting that the changes in statehood had taken away the rights of its citizens without their mandate.

August 24, 2019: Press Council of India’s Support
The Press Council of India moved the Supreme Court, supporting the decision of the Center and the Jammu and Kashmir administration to impose restrictions on communications.

MUST READ: ☞  Article 370: Unraveling the Supreme Court's Decision with Five Judges and Three Verdicts

August 28, 2019: Supreme Court Notice
The Supreme Court issued notice to the Central Government and Jammu and Kashmir Administration on the petition of the editor of Kashmir Times to lift the restrictions imposed on journalists. The case was referred to a five-member Constitution bench.

September 19, 2019: Constitution Bench Formed
The Supreme Court constituted a five-member Constitution bench to hear petitions challenging the abrogation of Article 370.

March 2, 2020: Petitions Sent to Larger Bench
The Supreme Court sent petitions challenging the constitutional validity of the Centre’s decision to abrogate the provisions of Article 370 to a seven-member larger bench.

April 25, 2022: Listing of Petitions Adjourned
Supreme Court adjourns listing of petitions challenging Centre’s decision to abrogate Article 370 after summer vacations, following a petitioner’s request for an urgent hearing due to delimitation proceedings in Jammu and Kashmir.

July 11, 2023: Daily Hearings Announced
The Supreme Court announces daily hearings starting from August 2 on the petitions challenging the abrogation of Article 370.

August 2, 2023: Commencement of Hearings
The Supreme Court begins hearings on the petitions challenging the abrogation of Article 370.

September 5, 2023: Verdict Reserved
The court reserves its verdict on the case after hearing 23 petitions for 16 days.

December 11, 2023: Upholding the Decision
The Supreme Court, while upholding the government’s decision to abrogate Article 370, mandates that elections for the Assembly in the Union Territory should be held by September 30 next year.

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