CJI Chandrachud will hear on Article 370, formed a new constitutional bench, the case was listed in SC three years ago

The Supreme Court has made up its mind to hear again the petitions filed against Article 370. CJI DY Chandrachud has constituted a new constitutional bench for this. The new bench will hear on 11th. The Supreme Court last heard petitions filed against Article 370 in December 2019. Since March 2, 2020, this case has not even been listed in the Supreme Court.

The Center had issued a notification regarding Article 370 in August 2019. When this matter went to the Supreme Court, a hearing was held in December 2019. Then this case went to the bench of five judges. At that time the question arose as to whether the issue should be referred to a Constitution Bench, as two divergent views were found in the Premnath Kaul vs. Sampath Prakash case. The matter was last listed on March 2, 2020. It was then decided that there was no point in referring the matter to a larger bench.

The case was last listed in the Supreme Court on March 2, 2020

At present, the bench which will hear the case on July 11 includes Justice Sanjay Kishan Kaul, Justice Sanjeev Khanna, Justice BR Gavai, Justice Suryakant apart from the CJI. After March 2, 2020, this matter was mentioned many times in the Supreme Court, but no concrete thing ever came out regarding its listing.

There was no consensus on listing the case after it was mentioned twice in front of Chandrachud

When NV Ramana was the CJI, he never gave any concrete answer regarding the listing of this case. It was agreed to list the petitions related to 370 in September 2022 when UU Lalit was the CJI. But the hearing could not take place. After his retirement, this case was mentioned twice in front of CJI Chandrachud but no decision could be taken. NV Ramana and Subhash Reddy have retired as members of the previous bench that heard the case. The new members of the bench include Justice Sanjiv Khanna besides the CJI.

Significantly, through Article 370, Jammu and Kashmir had a special status. But in 2019, it was abolished in Modi 2.0. Accordingly, Parliament needs the approval of the Jammu and Kashmir government to enact laws in the state – except in matters of defence, foreign affairs, finance and communications. But the Center scrapped it on 5 August 2019. Since then the controversy continues.