Article 370: Will refer to 7-judge bench only if direct conflict in 2 earlier verdicts, says SC

The Supreme Court Wednesday said it will refer the Article 370 issue to a larger 7-judge Constitution bench only if satisfied that there is a direct conflict in two earlier verdicts of the apex court which dealt with the matter.

Unless the petitioners are able to show a direct conflict between the two judgements -- Prem Nath Kaul versus Jammu and Kashmir in 1959 and Sampat Prakash versus Jammu and Kashmir in 1970 -- which dealt with the issue of Article 370, it is not going to refer the matter to a larger bench, the top court said.

Both the verdicts were given by 5-judge benches.

Hearing the point of reference on Wednesday, a 5-judge Constitution bench, headed by Justices N V Ramana, was told by Jammu and Kashmir Bar Association that the Centre's August 5 move last year to abrogate Article 370 was illegal and needed to be read down.

The bench, also comprising Justices Sanjay Kishan Kaul, R Subhash Reddy, B R Gavai and Surya Kant, said: "You have to show us that their was direct conflict in two verdicts of apex court. Only then we will refer it to larger bench. You have to show us that their was direct conflict."