The Supreme Court sets up the new constitution bench to hear the batch of petitions challenging the abrogation of Article 370 of the Constitution of India on 11.04.2023.
The bench comprising of CJI DY Chandrachud, Justice SK Kaul, Justice Sanjiv Khanna, Justice BR Gavai, and Justice Surya Kant was hearing the present matter.
The pleas challenging Article 370 was first listed after 02.03.2020.
The court commenced the hearing on the Article 370 of the Constitution of India before the 5-judge bench in December 2019, almost 4 months after the notifications issued by the Centre in August 2019. Therefore, in the case, the preliminary issue arose was that as to weather whether a reference to 7-judge bench was necessary in light of alleged divergence in the opinions expressed by two coordinate benches of the Supreme Court in the case of Prem Nath Kaul and Sampath Prakash.
However, the constitution bench by the judgement dated 02.03.2020 held that there being no need to refer the matter to a larger Bench.
Therefore, the said matter was not listed again up till now and in the month of April 2022, the bench of CJI NV Ramana had not expressed anything definite when the matter was sought to be listed.
The bench headed by CJI UU Lalit in September 2022, agreed to list the plea and after his tenure got over, the said matter was again mentioned before the bench of present CJI DY Chandrachud in two separate occasions wherein the court expressed his inclination on listing the matter.
The previous bench comprising of Justice NV Ramana and Justice Subhash Reddy heard the matter and have now retired.
The bench headed by CJI DY Chandrachud and Justice Sanjiv Khanna are now the new members of the latest bench.
