'What kind of petition is this?', SC rebukes during hearing on Article 370; This appeal was made in PIL
The Supreme Court dismissed the petition validating the abrogation of Article 370 from Jammu and Kashmir. At the same time, reprimanding the court, the petitioner's lawyer asked what kind of petition is this? No court can declare constitutional validity. The apex court said that the present petition is misconceived and is accordingly dismissed.
A PIL seeking to legitimize the abrogation of Article 370 from Jammu and Kashmir has been dismissed by the Supreme Court. Terming the plea as misconceived, a bench headed by Chief Justice DY Chandrachud said the issue of the constitutional validity of the abrogation of Article 370 is already pending before a constitution bench of the apex court.
A bench of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra asked the counsel appearing for the petitioner, "What kind of petition is this? Now you are seeking a declaration from this court that the abrogation of Article 370 is valid. Why should we issue that declaration on your petition? Who has made your client stand?"
The bench noted that the petitioner has filed a Public Interest Litigation (PIL) seeking a declaration to the effect that the abrogation of Article 370(1) of the Constitution and removal of Article 35-A was constitutionally valid.
"No pronouncement can be issued by this Court with regard to the constitutional validity of the action of the Central Government. In any case, the issue of constitutional validity is pending before a Constitution Bench," the petition said. "The present petition is misconceived and is accordingly dismissed," the apex court said.
Article 35-A, which was included in the Constitution by presidential order of 1954, provided special rights and privileges to the citizens of Jammu and Kashmir and prevented people from outside the state from acquiring any immovable property in the state. It also denied property rights to a woman who married a man from outside the state.
On August 5, 2019, The Center decided to take away the special status from the erstwhile state of Jammu and Kashmir and bifurcate it into two Union Territories. The Central Government abolished the special status of Jammu and Kashmir by removing Article 370.
A five-judge constitution bench headed by the chief justice is hearing arguments on a batch of petitions challenging the abrogation of Article 370 and provisions of the Jammu and Kashmir Reorganization Act, 2019, which bifurcated the erstwhile state into two union territories - Jammu and Kashmir. And divided into Kashmir and Ladakh.
