Centre’s perspective of life in J&K post repeal of Article 370 has no bearing on constitutional challenge to the abrogation: SC

SC on July 11, 2023 said the Centre’s fresh affidavit claiming that J&K is witnessing an “unprecedented era of peace, progress and prosperity” post abrogation of Article 370 has “no bearing on the constitutional challenge” to the repeal of the provision

A Constitution Bench on Tuesday (July 11) said the Centre’s fresh affidavit claiming that Jammu and Kashmir is witnessing an “unprecedented era of peace, progress and prosperity” following the abrogation of Article 370 on August 4, 2019 has “no bearing on the constitutional challenge” to the repeal of the provision.

The Bench headed by Chief Justice of India D.Y. Chandrachud and four of the senior most judges said it would start hearing the case from August 2.

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The Constitution Bench deleted the names of bureaucrat Shah Faesal and activist Shehla Rasheed from the petitioners.

With the deletion of Mr. Faesal, whose name was part of the cause title, from the array of petitioners, the case would now be called ‘In re: Article 370 of the Constitution’.

The court observed that the Home Ministry affidavit, filed on the eve of the Constitution Bench hearing, only sets out the “perspective of the Union government regarding the post abrogation of Article 370 developments has no bearing on the issues raised in the petitions and shall not hence be relied upon for that purpose”.

“This case concerns a pure constitutional challenge,” Chief Justice Chandrachud observed.