Supreme Court to examine legal challenge to abrogation of Article 370

The apex court issued notices to the Centre and Jammu and Kashmir administration on a batch of pleas challenging the Presidential order by which Article 370 was abrogated

New Delhi: On Wednesday, the Supreme Court decided to examine the legal challenge against the Centre's decision to abrogate Article 370 in the state of Jammu and Kashmir, which gave special status to the state and referred the matter to a five-judge Constitution bench. The apex court issued notices to the Jammu and Kashmir administration and the Centre on a batch of pleas challenging the Presidential order by which Article 370 was abrogated.

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A bench headed by Chief Justice Ranjan Gogoi was not in agreement with the Centre that there was no need for issuance of notice in the matter as Attorney General K K Venugopal and Solicitor General were marking their presence in the court. "We will refer the matter to a five-judge Constitution bench", the bench also comprising justices S A Nazeer and S A Bobde stated while not accepting the arguments that the issuance of notice will have a "cross-border repercussion". The Attorney General stated whatever is being said by this court is sent before the United Nations. As the counsel appearing for both sides were involved in arguments and counter-arguments, the bench added, "We know what to do, we have passed the order, we are not going to change".

Recently, Vice-President M Venkaiah Naidu stated that the abrogation of Article 370 was not a political issue but a national one. Interacting with eminent citizens in Vijayawada at a meet-and-greet programme, he justified the Centre’s decision as the resolution of the law was the "need of the hour." "It was long overdue. Abrogation of Article 370 is good for the country, though there could be some temporary issues… It is not a political issue but a national issue..," the Vice President said. Naidu recalled his moments of anxiety when the Bill was introduced (in Rajya Sabha), saying that, "I burnt the midnight oil over the rules and only wished there is a debate, discussion, and decorum in the House."

The Vice-President quoted Jawaharlal Nehru's speech of November 1963, noting that Article 370 was only "temporary and transitory". "Some parties realized the injustice and supported the abrogation of the Article. The Rajya Sabha adopted the Bill with a two-third majority while the Lok Sabha passed it with 4\5th majority,” he pointed out with an elated expression.

With inputs from PTI

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