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In Re Article 370 of the Constitution (Dr. Shah Faesal & Ors. v. Union of India & Anr., and tagged petitions)

Writ Petition (Civil) · 2020 INSC 253Decided 2 Mar 2020
Writ Petition (Civil) No. 1099 of 2019
Justice N.V. Ramana · Justice Sanjay Kishan Kaul · Justice R. Subhash Reddy · Justice B.R. Gavai · Justice Surya Kant

Background

This is not a final judgment. A batch of writ petitions, led by Dr. Shah Faesal's petition, challenged the 2019 Presidential Orders under Article 370 concerning Jammu and Kashmir. Some petitioners asked for the case to go to a larger bench.

Decision Breakdown

This is not a final judgment. The five-judge bench decided only whether to refer the matter to a larger bench. It held that its earlier decisions in Prem Nath Kaul and Sampat Prakash do not conflict, so no reference was needed. It did not consider the merits of the challenge, which remained pending.

Lesson Learnt

There is no final ruling yet on the Article 370 challenge; the Court only decided that a larger bench was not needed.

Official source (sci.gov.in)View Judgment (PDF)

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