Key Points from Day 7 of Article 370 Case Hearing in Supreme Court, August 17, 2023:
– A bench consisting of Chief Justice of India DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant is presiding over the matter.
– The case pertains to a batch of petitions challenging the abrogation of Article 370, which granted special status to the former state of Jammu and Kashmir.
– Over 20 petitions are pending before the Supreme Court contesting the Central government’s 2019 decision to revoke Article 370 and restructure Jammu and Kashmir as Union Territories.
– The hearings began on August 2, focusing on whether Article 370 was intended to be permanent or temporary by the Constitution makers.
– Questions were raised about the integration of Jammu and Kashmir with India in 1948, the role of the Constituent Assembly, and the constitutionality of abrogating Article 370.
– The court also discussed the possibility of judicial review to assess the government’s intention behind the abrogation and whether it violated the constitutional scheme.
– Arguments were presented regarding the existence of the Jammu and Kashmir Constitution and its recognition by the Constitution of India.
– Senior Advocate Dinesh Dwivedi is scheduled to continue presenting arguments for intervenors on August 22.
Please note that these are summarized points from the live updates of the hearing on August 17, 2023.