Allow Cookies!
By using our website, you agree to the use of cookies
The Supreme Court of India today decided to form a Constitution Bench constituting of 5 Judges to hear the numerous petitions that have filed against the abrogation Article 370 of the Constitution. The Constitution Bench will be constituted by Hon’ble Justices NV Ramana, Sanjay Kishan Kaul, R Subhash Reddy, Bhushan Gavai and Surya Kant. The various petitions clubbed before the Bench are the the petition filed by Advocate ML Sharma who has a history of being penalized by the Supreme Court by filing of false PIL’s (Public Interest Litigation), petition filed by a Kashmiri Layer who challenged the constitutional validity of the Presidential Order dated August 5th 2019, the petition filed by the leaders of the National Conference (NC) and the petition filed by retired bureaucrats.
The hearings were to commence from today itself, but the Hon’ble Chief Justice of India Justice Ranjan Gogoi, during the hearing of the Ayodhya Ram-Janmabhoomi Case lamented that the Court doesn’t have enough time to hear the Ayodhya Ram-Janmabhoomi Case itself and therefore postponed the hearings of the Kashmir petitions to be heard tomorrow that is the 1st of October 2019.
The issue of quick disposal of the Ayodhya Case is of paramount importance, given that the Hon’ble Chief Justice of India Ranjan Gogoi retires on November 17th of this year and the date set for completion of arguments in the Ayodhya Case is October 18th. According to Supreme Court custom, the matter will have to be heard afresh again if the judgement is not delivered before November 17th. Similar parallels can be drawn to last year when the then Chief Justice of India Dipak Misra delivered a litany of judgements on Sabarimala case, Section 377 and Adultery before his retirement on November 17th 2018.
The issue of constitutional validity of Article 370, is however also of paramount importance. This case is sure to set up a confrontation between the Judiciary and the Legislature. With the recent decision of the U.K Supreme Court that held the premature dissolution of Parliament by British Prime Minister as constitutionally invalid, the issue of Kashmir throws into light the landmark Keshavananda Bharti Case in which the Judiciary upheld the doctrine of basic structure.
86540
103860
630
114
59824