The Constitution bench of the Supreme Court is scheduled to declare its judgement today on several petitions contesting the abolition of Article 370 and the separation of Jammu and Kashmir into two Union territories. The verdict will be announced by the five-judge constitution bench, which is led by Chief Justice of India DY Chandrachud and includes Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant.
Responding to the petitioners' allegation of “constitutional fraud”, the central government, represented by Attorney General R Venkataraman and Solicitor General Tushar Mehta, defended its decision to revoke Article 370, stating that there was no "constitutional fraud" and everything was done in lines with the “due process established under the law”.
The central government further said that Ladakh will continue to be a Union Territory, but Jammu and Kashmir's status as a Union Territory is merely temporary, and it will be restored to statehood.
Representing the petitioners, senior advocate Kapil Sibal contended that since Article 370 became permanent following the dissolution of the Jammu and Kashmir Constituent Assembly, the Parliament lacked the jurisdiction to declare itself the legislative body of Jammu and Kashmir to sack Article 370.
The Jammu and Kashmir High Court Bar Association argued that although the Maharaja of Jammu and Kashmir acceded to India, he lost his sovereign ability to administer and govern the state, but he did maintain sovereignty over the region. The association declared that the state held all authority to enact laws and exercise governance, except for defence, foreign policy, and communication.
The central government defended the decision to withdraw Article 370 by claiming that it had significantly decreased street violence, which was formerly controlled by terrorist organisations and secessionist networks. The administration asserted that the region has had unparalleled peace, advancement, and prosperity since the revocation of Article 370 in 2019.
The Constitution Bench heard several applications from private citizens, attorneys, activists, politicians, and political parties contesting the revocation of Article 370 and dividing Jammu and Kashmir into two Union Territories.