The Supreme Court has dismissed the petitions seeking review of its judgment upholding the abrogation of the special status of Jammu and Kashmir under Article 370 of the Constitution.
A 5-judge bench comprising Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, Surya Kant and AS Bopanna dismissed the review petitions in chamber noting that there was no apparent error in the judgment delivered on December 11, 2023.
“Having perused the review petitions, there is no error apparent on the face of the record. No case for review under Order XLVII Rule 1 of the Supreme Court Rules 2013. The review petitions are, therefore, dismissed,” the bench noted in the order passed on May 1.
While upholding the Presidential Orders which took away the special status of Jammu and Kashmir, the Court refrained from adjudicating the constitutionality of the J&K Reorganisation Act in view of a statement made by the Solicitor General that the statehood of J&K will be restored at the earliest. The Court set a deadline of September 30, 2024 for the holding of elections to the legislative assembly of J&K.
The Court approved the carving out of Ladakh as a separate Union Territory out of J&K by holding that the Parliament has the power to carve a UT out of a State even without taking the views of the State assembly.
