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Article 370 petitioners seek a larger Bench
Why in news?
- The petitioners challenging the abrogation of special status of J&K urged the 5-judge Constitution Bench of SC to refer the case to a larger Bench.
More in news
- President’s notification: on August 5 abrogated the special status of J&K by blunting Article 370, which sources the privileges accorded to the erstwhile State in accordance with the assurances which was made in the Instrument of Accession signed between the J&K ruler & the GoI.
- The Petition said:
(1) “Direct Conflict” of opinion: between two judgments about the nature and extent of Article 370.
(a) Prem Nath Kaul versus State of J&K, 1950: indicated that Article 370 was applicable only till the J&K Constitution was enacted on January 26, 1957. After that, no further changes could be made to the relationship between India and J&K.
(b) 1970 Sampath Prakash versus State of J&K: case ignored the 1959 verdict and concluded that Article 370 was permanent in nature and a “perennial source of power” for the Centre to govern its relationship with the State of J&K.
Sources
The Hindu