In Brief
The Supreme Court considered multiple petitions challenging two 2019 Constitution Orders that applied the Indian Constitution fully to Jammu and Kashmir, effectively modifying Article 370. The petitioners sought a larger Bench reference, arguing that two earlier Constitution Bench decisions—Prem Nath Kaul (1959) and Sampat Prakash (1970)—had conflicting interpretations of Article 370. The Court rejected the reference plea, holding that the two cases were not in conflict when read in their specific factual contexts: Prem Nath Kaul addressed the Yuvaraj's powers during the interregnum before the State Constitution was framed, while Sampat Prakash addressed Article 370's continuation after the Constituent Assembly dissolved. The Court reaffirmed that the per incuriam doctrine applies sparingly to ratio decidendi only and requires an irreconcilable conflict between coordinate Benches.
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