The Supreme Court has dismissed the review petitions filed against the Constitution Bench judgment upholding the abrogation of Article 370. The review petitions were dismissed by a bench of Chief Justice of India DY Chandrachud, Justice BR Gavai, Justice Suryakant, Justice Sanjeev Khanna and Justice AS Bopanna, holding that the judgment did not warrant interference.
CJI D.Y. A bench headed by Chandrachud said, after considering the review petitions filed, it was found that there is no apparent error on record. No case arises for review under Order XLVII, Rule 1 of the Supreme Court Rules, 2013. Therefore, the review petitions are dismissed.
The petitions said that Article 370 cannot be abrogated, so the Supreme Court should reconsider its decision. A five-judge Constitution Bench headed by Chief Justice of India DY Chandrachud upheld the Centre’s decision to abrogate Article 370 on 11 December 2023. Article 370 was unanimously considered by the bench to be a temporary provision. A Constitution Bench headed by CJI Chandrachud upheld Ladakh’s status as a Union Territory under Article 3(a) of the Constitution in its judgment on 11 December.
The constitution bench also upheld the President’s powers to order the abrogation of Article 370. The Supreme Court in its judgment said that Article 370 was a feature of unlimited federalism, not sovereignty. The Court also held that the consent of Jammu and Kashmir was not necessary to implement all the provisions of the Indian Constitution. The Election Commission was told by the Supreme Court that elections should be held in Jammu and Kashmir by September 30, 2024. Also statehood should be restored to Jammu and Kashmir as soon as possible.