SC to examine legal challenge to abrogation of Art 370; refers matter to 5-judge Constitution bench

The Supreme Court on Wednesday decided to examine the legal challenge against the Centre's decision to abrogate Article 370, which gave special status to Jammu and Kashmir, and referred the matter to a five-judge Constitution bench.

The apex court issued notices to the Centre and Jammu and Kashmir administration on a batch of pleas challenging the Presidential order by which Article 370 was abrogated.

A bench headed by Chief Justice Ranjan Gogoi was not in agreement with the Centre that there was no need for issuance of notice in the matter as Attorney General K K Venugopal and Solicitor General were marking their presence in the court.

"We will refer the matter to a five-judge Constitution bench", the bench also comprising justices S A Bobde and S A Nazeer said while not accepting the arguments that the issuance of notice will have a "cross-border repercussion".

The Attorney General said whatever is being said by this court is sent before the United Nations.

As the counsel appearing for both sides were involved in arguments and counter-arguments, the bench said, "We know what to do, we have passed the order, we are not going to change".