Express News Service
NEW DELHI: The Supreme Court will pronounce the verdict on the long-pending issue of abrogation of Article 370 in Jammu and Kashmir on December 11 as Justice Sanjay Kishan Kaul, one of the judges who completely heard the case, is set to retire on December 25.
Moreover, the apex court’s winter vacation starts from December 16. This newspaper spoke to some petitioners and lawyers who expressed hope that the apex court will pass a favourable verdict. Muzzafar Iqbal Khan, a lawyer also one of the petitioners in the case, said that the decision of the SC was going to be a historical one.
“The question before the Supreme Court would be scope and sweep of Parliament’s power under Article 3 of the Constitution to disintegrate a state. This question is going to have a long term repercussions on Indian polity. It is for the first time the Supreme Court will decide this issue, as never before in independent India has a state been reduced to a Union Territory,” Khan said.
It is to be noted that an apex court judge who completely hears a case usually delivers the judgment before his or her retirement. It is also a fact that the SC hasn’t delivered a verdict during vacations, whether summer or winter.
Justice Kaul, the second seniormost judge of the Supreme Court, after the Chief Justice of India (CJI) Dr Dhananjaya Yeshwant Chandrachud, is set to retire on December 25, after serving the top court from February 17, 2017 to this date.
The Supreme Court had started the hearing in the case on a day-to-day basis from August 2, 2023, for 16 tumultuous marathon hearings, on a batch of 23 petitions till September 05, 2023. The petitions challenged the constitutional validity of changes made to Article 370, which gave special status to the erstwhile state of J&K and its reorganisation into Union Territories of J&K and Ladakh.
The five-judge constitution bench of the apex court, headed by the Chief Justice, Dr Chandrachud, and also comprising Justice Kaul, Justices Sanjiv Khanna, B R Gavai and Surya Kant, had reserved its judgment on September 5, 2023. The Central government had defended its decision before the Supreme Court to abrogate Article 370 &K saying that post the abrogation, street violence, which was engineered and orchestrated by terrorists and secessionist networks has now become a thing of the past.
Also in top court
Plea on internet shutdowns binnedA three-judge bench on Thursday refused to entertain an application seeking enforcement of its earlier 2020 guidelines issued on State-imposed internet shutdowns. It said the petitioner, Foundation for Media Professionals, had other legal remedies available for the same. On January 10, 2020, SC had said that freedom of speech and conducting business on Internet are protected under the Constitution.
Steps to curb illegal migration soughtThe Supreme Court on Thursday sought a detailed report from the Union of India in an affidavit as to how many people have come to India from Bangladesh between 1967 and 1971, and what actions have been taken to create a safer border. The apex court also questioned the Central government on what steps have been taken so far to curb illegal migration into Indian territory, and posted the matter for further hearing till December 12.
Landmark verdict available in 10 languagesCJI DY Chandrachud on Thursday announced that the landmark Keshavananda Bharati judgment of 1973 is now available in 10 Indian regional languages on the Supreme Court website www.sci.gov.in. The CJI said 2023 commemorates 50 years of its historic judgment, which had upheld the basic structure doctrine and placed limits on the power of the Parliament to amend the Constitution. Follow channel on WhatsApp
NEW DELHI: The Supreme Court will pronounce the verdict on the long-pending issue of abrogation of Article 370 in Jammu and Kashmir on December 11 as Justice Sanjay Kishan Kaul, one of the judges who completely heard the case, is set to retire on December 25.
Moreover, the apex court’s winter vacation starts from December 16. This newspaper spoke to some petitioners and lawyers who expressed hope that the apex court will pass a favourable verdict. Muzzafar Iqbal Khan, a lawyer also one of the petitioners in the case, said that the decision of the SC was going to be a historical one.
“The question before the Supreme Court would be scope and sweep of Parliament’s power under Article 3 of the Constitution to disintegrate a state. This question is going to have a long term repercussions on Indian polity. It is for the first time the Supreme Court will decide this issue, as never before in independent India has a state been reduced to a Union Territory,” Khan said.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
It is to be noted that an apex court judge who completely hears a case usually delivers the judgment before his or her retirement. It is also a fact that the SC hasn’t delivered a verdict during vacations, whether summer or winter.
Justice Kaul, the second seniormost judge of the Supreme Court, after the Chief Justice of India (CJI) Dr Dhananjaya Yeshwant Chandrachud, is set to retire on December 25, after serving the top court from February 17, 2017 to this date.
The Supreme Court had started the hearing in the case on a day-to-day basis from August 2, 2023, for 16 tumultuous marathon hearings, on a batch of 23 petitions till September 05, 2023. The petitions challenged the constitutional validity of changes made to Article 370, which gave special status to the erstwhile state of J&K and its reorganisation into Union Territories of J&K and Ladakh.
The five-judge constitution bench of the apex court, headed by the Chief Justice, Dr Chandrachud, and also comprising Justice Kaul, Justices Sanjiv Khanna, B R Gavai and Surya Kant, had reserved its judgment on September 5, 2023. The Central government had defended its decision before the Supreme Court to abrogate Article 370 &K saying that post the abrogation, street violence, which was engineered and orchestrated by terrorists and secessionist networks has now become a thing of the past.
Also in top court
Plea on internet shutdowns binned
A three-judge bench on Thursday refused to entertain an application seeking enforcement of its earlier 2020 guidelines issued on State-imposed internet shutdowns. It said the petitioner, Foundation for Media Professionals, had other legal remedies available for the same. On January 10, 2020, SC had said that freedom of speech and conducting business on Internet are protected under the Constitution.
Steps to curb illegal migration sought
The Supreme Court on Thursday sought a detailed report from the Union of India in an affidavit as to how many people have come to India from Bangladesh between 1967 and 1971, and what actions have been taken to create a safer border. The apex court also questioned the Central government on what steps have been taken so far to curb illegal migration into Indian territory, and posted the matter for further hearing till December 12.
Landmark verdict available in 10 languages
CJI DY Chandrachud on Thursday announced that the landmark Keshavananda Bharati judgment of 1973 is now available in 10 Indian regional languages on the Supreme Court website www.sci.gov.in. The CJI said 2023 commemorates 50 years of its historic judgment, which had upheld the basic structure doctrine and placed limits on the power of the Parliament to amend the Constitution. Follow channel on WhatsApp
