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Constitution Bench Reserves Verdict on Article 370 Challenge

A 5-judge Constitution Bench, presided over by Chief Justice DY Chandrachud, marked a significant milestone on Tuesday as it concluded the hearings and reserved its judgment. This pivotal moment revolved around a batch of petitions challenging the 2019 Presidential Order, which led to the removal of the special status held by the erstwhile state of Jammu and Kashmir, ultimately dividing it into two Union Territories.

In a note of appreciation, the bench extended its gratitude, stating, “We must end it with a vote of thanks to all the members of the bar. Thank you very much.” The bench consisted of distinguished justices, including Sanjay Kishan Kaul, Sanjiv Khanna, B.R. Gavai, and Surya Kant.

The Constitution Bench comprised the five most senior judges of the Supreme Court, and the proceedings commenced on August 2. Following the conclusion of oral arguments from both sides, the bench is poised to deliver its judgment in the near future.

It’s noteworthy that in March 2020, a five-judge Constitution Bench, led by then Chief Justice N.V. Ramana, declined to refer the issue to a larger bench of seven judges. They argued that the previous judgments in the Prem Nath Kaul case and the Sampat Prakash case, dealing with the interpretation of Article 370, did not conflict with each other. This latest bench, featuring Chief Justice Chandrachud and Justice Khanna, is distinct from its predecessor, as Chief Justice Ramana and Justice Subhash Reddy have since retired.

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