Recently, a plea was mentioned in the Supreme Court seeking a declaration regarding the constitutional validity of the Centre’s abrogation of Article 370 from the Court. The Supreme Court refused to entertain the plea and stated that it cannot issue a declaration regarding the decision of the Centre. The bench hearing the matter consists of Chief Justice of India DY Chandrachud, Justice Manoj Misra, and Justice JB Pardiwala. Moreover, the bench highlighted that the Supreme Court is already considering the issue of its constitutional validity and asked the Counsel appearing for the petitioner that “What kind of a petition is this? You are now seeking a declaration by this court that the abrogation of Article 370 is valid. Why should we issue that declaration on your petition? Who has set your client up?”
A PIL (Public Interest Litigation) filed by the petitioner seeks a declaration from the Supreme Court about the constitutional validity of abrogation of Article 370(1) and deletion of Article 35-A. The bench noted that “A declaration cannot be issued by this court with regard to the constitutional validity of the action of the Union Government. In any event, the issue of constitutional validity is pending before the constitution bench.” Further, the petition was dismissed by the bench hearing the matter considering it ‘misconceived’.
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