The constitution bench will hear a batch of petitions challenging the decision to abrogate Article 370, which had given special status to Jammu and Kashmir, on Tuesday. The five-judge bench is headed by Chief Justice of India DY Chandrachud.
Pleas against the Centre's decision to abrogate the provisions of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, which split J-K into two Union Territories--Jammu and Kashmir, and Ladakh--were referred to a Constitution bench in 2019.
The hearing started in December 2019, four months after the date on which the Centre notified the repeal of Article 370. The matter was not listed till now despite being mentioned before the Chief Justice of India on several occasions.
Meanwhile, the Centre on Monday submitted an affidavit to the Supreme Court defending the abrogation of Article 370. It said that the entire region of Jammu and Kashmir witnessed an unprecedented era of peace, progress and prosperity, with street violence, orchestrated by terrorists and secessionist networks, becoming "a thing of the past."
Referring to the "characteristic security situation" in the region, the Centre said organised stone pelting incidents connected with terrorism-separatist agenda, which were as high as 1,767 in 2018, has come down to zero in 2023 till date and casualty of security personnel has shown a 65.9 per cent decline in 2022 as compared to 2018.
The decision to strip the erstwhile state of J and K of special status and bifurcate it into two Union Territories was taken on August 5, 2019.
The Centre contended that the "historic constitutional step" being challenged has brought unprecedented development, progress, security and stability to the region, which was often missing during the old Article 370 regime. It is submitted that the same has been possible due to the policy of the Union of India of ensuring peace, prosperity and progress in the region, the affidavit said.
The Centre said after the historic changes, the UTs of Jammu & Kashmir and Ladakh have witnessed profound ameliorative, affirmative and progressive changes in the last four years encompassing its entire governance - including the developmental activities, public administration and security matters which has positively impacted every resident irrespective of caste, creed or religion.
Highlighting numerous schemes launched by the Centre for the development of the entire region, the government said life has returned to normalcy in the region after over three decades of turmoil.
It is submitted that schools, colleges, universities, hospitals and other public institutions are functioning efficiently without any strikes or any kind of disturbances during the last three years.
It is submitted that with the improved security scenario, the Union territory has also witnessed the highest-ever footfall of tourists viz. 1.88 crore tourists visited Jammu & Kashmir from January 1, 2022, to December 31, 2022, which is significantly contributing to the growth of the economy.
However, the Centre's affidavit was termed illogical and without constitutional backing by former chief ministers of Jammu and Kashmir Mehbooba Mufti and Omar Abdullah. "The Centre's defence lacks logic (is) illegal & unconstitutional abrogation of Article 370," PDP President Mehbooba Mufti said in a tweet.
"Brute majority was used to subvert the Indian constitution that extended guarantees to the people of J&K & GOI also violated earlier rulings of Hon'ble SC which held that only J&K's constituent assembly could recommend the removal of Article 370 to the President of India," she said.
National Conference leader Omar Abdullah also took to Twitter saying the arguments put forth by the government were political and had little in the way of legality. "These are political arguments the BJP/Union Govt can make to sell their decision to the voter but they are not legal arguments."
"The entire case in the SC is about the illegality & unconstitutionality of what was done on 5th Aug 2019, not whether the Govt has a strong enough political case," Abdullah said.