Prepare for a significant upcoming event in the Supreme Court of India as it prepares to examine a collection of petitions that contest the annulment of Article 370 and the splitting of Jammu and Kashmir into two Union territories. It has been almost four years since the government made this decision in August 2019, and now a Constitution Bench led by Chief Justice of India DY Chandrachud will address the matter on July 11th. As we anticipate this important step by the court, let’s delve deeper into the essence of Article 370.

Jammu and Kashmir, situated in the northern part of the Indian subcontinent, was bestowed with special status under Article 370 of the Indian constitution. Since 1947, this region has been a source of contention between India, Pakistan, and China.

Article 370 of the Indian constitution recognizes the special status of Jammu and Kashmir, granting it autonomy and the authority to create laws specifically for its permanent residents. These residents enjoy exclusive privileges in various areas such as housing, real estate, education, scholarship schemes for education, subsidy in purchase of basic supplies like food and vegetables, and government employment that are not accessible to others.

Any right apart from the domain of defense, foreign affairs, communications and finance was vested in the hands of the authority of Jammu and Kashmir.

And it is Article 35A that prevents the challenge of any state law solely on the grounds that it infringes upon rights guaranteed to all Indian citizens by the national constitution. Additionally, the Fundamental Rights of the Indian Constitution were extended to Kashmir, with certain reservations, through the 1954 Presidential order issued by the President of India.

During August 2019, the Jammu and Kashmir Reorganisation Bill, 2019 was presented by Home Minister Amit Shah in the Rajya Sabha. The objective of the bill was to alter the status of Jammu and Kashmir, transforming it from a state into two distinct union territories: Jammu and Kashmir, as well as Ladakh.

Under the proposed bill, Jammu and Kashmir would have a legislature, while Ladakh would not. The Rajya Sabha passed the bill with 125 votes in favor and 61 against (67%). The following day, the Lok Sabha also passed it with 370 votes in favor and 70 against (84%). After the president’s signature, the bill became an Act.

Initially, the ‘Union List’ and the ‘Concurrent List’ in Jammu and Kashmir were limited to the matters specified in the Instrument of Accession, but later they were expanded with the agreement of the State Government. The State retained the ‘residual powers’ rather than the Union.

The Supreme Court’s decision on these petitions will have significant implications for the constitutional framework and the future of Jammu and Kashmir. This hearing marks a crucial milestone in the ongoing legal battle over the revocation of Article 370 and the division of the region.