The bench of Chief Justice of India DY Chandrachud stated that he will be taking take a call on listing the batch of petitions wherein challenging the abrogation of the special status of Jammu and Kashmir as stated under Article 370 of the Constitution of India.
The present matter was mentioned for urgent listing by the Senior Advocate Raju Ramachandran. The Chief Justice of India DY Chandrachud stated, ‘I will take a call on it.’ Earlier the matter was being mentioned before CJI DY Chandrachud for urgent listing in December 2022. It has then stated by CJI that, we will examine the matter and give a date.
The bench comprising of Justice N V Ramana, Justice Sanjay Kishan Kaul, Justice R Subhash Reddy, Justice B R Gavai and Justice Surya Kant referred the plea to the constitution bench in 2019.
In December 2019, the hearings on the Article 370 cases commenced before the 5-judge bench, almost 4 months after the notifications issued by the Centre in August 2019. Therefore, a preliminary issue arose in the case as to whether a reference to 7-judge bench was being necessary in light of alleged divergence in the opinions which are being expressed by two coordinate benches of the Supreme Court in the case of Prem Nath Kaul and in the case of Sampath Prakash. The Constitutional bench by a judgement dated March 2, 2020 held that there being no need to refer the matter to a larger Bench.
However, the petitions have not been listed after 2nd March, 2020.
The bench headed by CJI UU Lalit in September 2022 agreed to the list of petitions. Earlier, the bench headed by CJI NV Ramana in April 2022 had not expressed anything definite when the matter was sought to be listed.
However, the two members of the Constitutional bench Justices NV Ramana and Subhash Reddy, have got retired.