Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

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Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...
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SC Dismisses Petitions to Review Article 370 Verdict

SC Dismisses Petitions to Review Article 370 Verdict



The Supreme Court has dismissed petitions seeking a review of its judgment that upheld the Union government's 2019 decision to abrogate Article 370 of the Constitution, which conferred special status on Jammu and Kashmir. The five-judge Constitution bench, comprising Chief Justice of India DY Chandrachud and Justices Sanjiv Khanna, BR Gavai, Surya Kant, and AS Bopanna, dismissed the review petitions in chamber, noting no apparent error in the original verdict delivered on December 11, 2022.


Supreme Court's Decision on Review Petitions


On May 1, the Supreme Court stated, "Having perused the review petitions, there is no error apparent on the face of the record. There is no case for review under Order XLVII Rule 1 of the Supreme Court Rules 2013. The review petitions are, therefore, dismissed." This ruling reaffirmed the court's earlier decision that upheld the abrogation of Article 370, labeling it a "temporary provision" enacted due to wartime conditions, meant to serve a transitional purpose.


Background and Context


Article 370, inserted in the Indian Constitution in 1949, granted special autonomy to Jammu and Kashmir. Under this provision, the state had its own constitution and autonomy over internal matters except for defense, communications, finance, and foreign affairs. However, on August 5, 2019, the Central government announced the abrogation of Article 370 and the bifurcation of Jammu and Kashmir into two Union Territories—Jammu and Kashmir, and Ladakh.


Legal Framework and Relevant Laws


1. Article 370 of the Indian Constitution: Originally provided special autonomy to Jammu and Kashmir, allowing the state to have its own constitution and decision-making power over all matters except defense, communications, finance, and foreign affairs.


2. Order XLVII Rule 1 of the Supreme Court Rules 2013: Governs the conditions under which the Supreme Court can review its judgments. The rule requires that an apparent error on the face of the record must be present for a review petition to be considered.


3. Jammu and Kashmir Reorganisation Act, 2019: Enacted by the Indian Parliament, this law bifurcated the state of Jammu and Kashmir into two Union Territories—Jammu and Kashmir, and Ladakh. This reorganisation aimed to integrate the region more closely with the rest of India and bring uniformity in laws and administration.


Supreme Court's Previous Judgment


In December 2022, the Supreme Court's five-judge bench unanimously upheld the validity of the Centre's decision to abrogate Article 370. The court emphasized that Article 370 was temporary and transitional. The bench also took note of the Solicitor General's assurance that Jammu and Kashmir's statehood would be restored, except for the Union Territory of Ladakh.


Implications of the Verdict


The Supreme Court directed the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir by September 30, 2024. The court also stressed that the restoration of statehood should occur as soon as possible.


Challenges and Petitions


Numerous petitions were filed in the Supreme Court challenging the abrogation of Article 370 and the subsequent reorganisation of Jammu and Kashmir. These petitions were submitted by private individuals, lawyers, activists, politicians, and political parties, arguing against the constitutionality of the Jammu and Kashmir Reorganisation Act, 2019.


Conclusion


The Supreme Court's dismissal of the review petitions reaffirms its stance on the abrogation of Article 370 and the reorganisation of Jammu and Kashmir. This decision underscores the court's interpretation of the constitutional provisions and the temporary nature of Article 370. The ruling also paves the way for the forthcoming legislative assembly elections and the eventual restoration of statehood to Jammu and Kashmir, aligning with the Union government's policy objectives for the region.

Location: Pune, Maharashtra, India

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