Article 370: Supreme Court sets up new Constitution Bench to hear pleas on July 11

A Constitution Bench of the Supreme Court is set to hear the petitions challenging the amendment of Article 370, which gave special status to Jammu and Kashmir (J&K), on July 11. The Constitution Bench comprises Chief Justice DY Chandrachud, Justice SK Kaul, Justice Sanjiv Khanna, Justice BR Gavai, and Justice Surya Kant.

On August 5, 2019, the Government of India amended Article 370, scrapping J&K’s special status. The government further notified the Jammu and Kashmir Reorganisation Act, 2019, which divided the erstwhile state into two Union Territories – Jammu and Kashmir, and Ladakh. The erstwhile J&K state was infamous for observing shutdowns, witnessing stone pelting and separatists delivering anti-national sermons.

The hearings against the amendment of Article 370 commenced before the Constitution Bench in December 2019, four months after the Government of India’s notification. One of the issues before the court concerned whether the matter should be referred to a seven-judge bench, in light of alleged divergence of opinion by two coordinate benches of the court. However, on March 2, 2020, Constitution Bench held that there was no need to refer the matter to a larger bench.

Of the previous bench which heard the case, Justices NV Ramana and Subhash Reddy have retired. Chief Justice DY Chandrachud and Justice Sanjiv Khanna are the new members of the Constitution Bench.

From Hub of Terrorism to Prosperity

Since the Government of India amended Article 370, it has embarked on a journey to erase the scars of the past. Recently, the Lieutenant Governor of Jammu and Kashmir, Manoj Sinha, said that J&K had suffered state-sponsored terrorism by Pakistan for thirty years. However, the terror system which thrived with support from across the border has been isolated, he added.

He asserted that J&K is now witnessing a new era that has opened limitless possibilities for peace and growth. “For almost thirty years, this land of peaceful co-existence of almost all religious sects had to suffer state-sponsored terrorism by our neighbouring country,” he said at the inaugural session of the third tourism working group meeting of the G-20 nations at the SKICC (Sheri Kashmiri International Convention Centre).

He said that the terror system had been isolated through various developmental schemes launched by PM Modi and the efficient administration of the UT. He said that PM Modi has completely eliminated all injustices, exploitation, and discrimination which several sections of society faced for seven long decades owing to circumstances that evolved mostly from orchestration from abroad.

The Union territory stands among the developed regions of India on some measurable milestones, and “we are committed for people’s prosperity both economically and socially,” he said. He added that even foreign investments are coming to the Union territory, the green shoots of better times that people anxiously look up to.

Grassroots democracy has been strengthened, new industries are coming up, agricultural growth is making our villages prosperous, infrastructure development is progressing rapidly, and our emphasis on technology is transforming Jammu and Kashmir into a digital society, he said.

Concerning the boom in tourism, he expressed that in 2022, a record 18 million tourists visited the Union Territory. Tourism contributed to a seven per cent increment in the GDP last year.

The LG mentioned that more than 300 films have been shot in the Union territory in 2022. After a long pause of four decades, Jammu and Kashmir has revived their relationship with Bollywood and launched a film policy in 2021 to attract more investment into the film sector and make the region a most popular shooting destination.

“I am confident that under the leadership of PM Modi, Jammu and Kashmir will soon find its place in the top 50 destinations of the world and will be on the bucket list of travellers across the globe,” he said.

The Union territory is developing as the country’s largest book village on the banks of the Wular Lake in north Kashmir’s Bandipora District, and many hiking trails for tourists who love the tranquillity of nature are present.

Our aim is to make the countryside and popular destinations more sustainable and preserve the beauty of fascinating heritage sites, he said. Tourism must grow in collaboration and needs good infrastructure, sound policies and effective and responsive administration.