SHAH FAESAL vs UNION OF INDIA. Supreme Court, 02-03-2020
| Date | 02 March 2020 |
| Docket Number | W.P.(C) No.-001099 / 2019 |
| Parties | SHAH FAESALUNION OF INDIA |
| Court | Supreme Court (India) |
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 1099 OF 2019
DR. SHAH FAESAL AND ORS. …PETITIONER(S)
VERSUS
UNION OF INDIA AND ANR. …RESPONDENT(S)
And
WRIT PETITION (CIVIL) NO. 1013 OF 2019
WRIT PETITION (CIVIL) NO. 722 OF 2014
WRIT PETITION (CIVIL) NO. 871 OF 2015
WRIT PETITION (CIVIL) NO. 396 OF 2017
SLP (CIVIL) NO. 19618 OF 2017
WRIT PETITION (CIVIL) NO. 756 OF 2017
WRIT PETITION (CIVIL) NO. 398 OF 2018
WRIT PETITION (CIVIL) NO. 924 OF 2018
WRIT PETITION (CIVIL) NO. 1092 OF 2018
WRIT PETITION (CIVIL) NO. 1162 OF 2018
WRIT PETITION (CIVIL) NO. 1082 OF 2019
WRIT PETITION (CIVIL) NO. 1048 OF 2019
WRIT PETITION (CIVIL) NO. 1068 OF 2019
1
REPORTABLE
Digitally signed by
DEEPAK SINGH
Date: 2020.07.04
11:23:15 IST
Reason:
Signature Not Verified
WRIT PETITION (CIVIL) NO. 1037 OF 2019
WRIT PETITION (CIVIL) NO. 1062 OF 2019
WRIT PETITION (CIVIL) NO. 1070 OF 2019
WRIT PETITION (CIVIL) NO. 1104 OF 2019
WRIT PETITION (CIVIL) NO. 1165 OF 2019
WRIT PETITION (CIVIL) NO. 1210 OF 2019
WRIT PETITION (CIVIL) NO. 1222 OF 2019
WRIT PETITION (CIVIL) NO. 1268 OF 2019
WRIT PETITION (CIVIL) NO. 1368 OF 2019
ORDER
1. These cases pertain to the constitutional challenge before
this Court as regards to two Constitution Orders issued by the
President of India in exercise of his powers under Article 370 of
the Constitution of India.
2. At the outset, learned senior counsel appearing for one of
the Petitioners in W.P. (C) No. 1013/19 and Petitioner in W.P.
(C) 1368/19 raised the contention that the present matter
needs to be referred to a larger Bench as there were contrary
opinions by two different Constitution Benches on the
interpretation of Article 370 of the Constitution. This order is
confined to the limited preliminary issue of whether the matter
2
should be referred to a larger Bench. We have not considered
any issue on the merits of the dispute.
3. A brief introduction to the issue to set the context for this
order is that after the late Maharaja of Kashmir had entered
into a treaty of accession with the Indian State, Article 370 was
incorporated into the Indian Constitution, which states as
follows:
370. Temporary provisions with respect
to the State of Jammu and Kashmir
(1) Notwithstanding anything in this
Constitution,—
(a) the provisions of article 238 shall not
apply in relation to the State of Jammu and
Kashmir;
(b) the power of Parliament to make laws for
the said State shall be limited to—
(i) those matters in the Union List and
the Concurrent List which, in consultation
with the Government of the State, are
declared by the President to correspond to
matters specified in the Instrument of
Accession governing the accession of the
State to the Dominion of India as the
matters with respect to which the Dominion
Legislature may make laws for that State;
and
(ii) such other matters in the said Lists as,
with the concurrence of the Government of
the State, the President may by order
specify.
3
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