Supreme Court Rejects Review Petition Against Verdict Upholding Revocation of Article 370

The Supreme Court of India has dismissed a series of review petitions challenging the December 11, 2023, judgment that upheld the Centre’s August 5, 2019, decision to abrogate Article 370, thereby revoking Jammu and Kashmir’s special status and bifurcating the state into the Union Territories of Jammu & Kashmir and Ladakh.

A bench comprising Chief Justice of India D.Y. Chandrachud and Justices Sanjiv Khanna, B.R. Gavai, Surya Kant, and A.S. Bopanna concluded that there was no “error apparent on the face of the record” in the previous judgment, thus negating the need for a review.

“Having perused the review petitions, there is no error apparent on the face of the record. No case for review under Order XLVII Rule 1 of the Supreme Court Rules 2013. The review petitions are, therefore, dismissed,” stated the bench in its order.

While the court granted permission to file the review petitions, it denied the request for an in-person hearing and rejected the plea for an open court hearing. The review petitions were filed by the Awami National Conference and other concerned parties.

Under the Supreme Court Rules, 2013, review petitions are adjudicated by the judges in their chambers through the circulation of documents, rather than in open court. The decision to dismiss the review petitions was passed on May 1, 2024, but the detailed order was only uploaded on Tuesday.

The original judgment on December 11, 2023, had affirmed the constitutionality of the government’s move to abrogate Article 370, which had granted special autonomy to Jammu and Kashmir. The judgment also supported the reorganization of the state into two Union Territories, a move that has been contentious and widely debated across political and legal spectrums.

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