The Supreme Court has dismissed a batch of review pleas filed against the Constitution Bench verdict upholding the revocation of Article 370 as valid.
“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,” a bench, headed by CJI D.Y. Chandrachud, said.
Further, the 5-judge Bench, also comprising Justices Sanjiv Khanna, B.R. Gavai, Surya Kant, and A.S. Boppana, dismissed the applications seeking listing of the review petition in open court and seeking permission to appear and argue in person.
The review petition, filed under Article 137 of the Constitution, against the decision rendered on December 11, said that the impugned judgment should not have left open the question of whether the Parliament can extinguish the character of statehood by converting a state into one or more Union Territories.
In its verdict delivered on December 11, a Constitution Bench, headed by CJI Chandrachud had upheld the status of Ladakh as a Union Territory under Article 3(a) read with Explanation I of the Constitution, which permits the formation of a Union Territory by separating a territory from any state.
However, it did not deal with the question of whether the Parliament could extinguish the character of statehood by converting a state into one or more Union Territories.
“In view of the submission made by the Solicitor General that statehood would be restored of Jammu and Kashmir, we do not find it necessary to determine whether the reorganisation of the State of Jammu and Kashmir into two Union Territories of Ladakh and Jammu & Kashmir is permissible under Article 3,” the top court had said.
Further, the SC held that the President has the power to issue a notification declaring that Article 370 ceases to exist even after the dissolution of the Constituent Assembly of Jammu and Kashmir. It added that Article 370 was a temporary provision, considering the historical context in which it was included in the Constitution of India.
In its verdict, the top court had also asked the Election Commission of India to take steps to conduct elections to the Legislative Assembly of Jammu and Kashmir by September 30, 2024.
Generally, review petitions are tested on very narrow grounds like mistakes of law, an error apparent on the face of the record, etc., and are often dismissed in chambers and are rarely given open court hearings.
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