The Supreme Court today delivered a landmark judgment upholding the central government’s 2019 decision to abrogate Article 370, which granted special status to Jammu and Kashmir. In a unanimous verdict by a five-judge Constitution bench, the court held the presidential order abrogating Article 370 to be constitutionally valid.
Path to Revocation of Special Status
Article 370 was incorporated in the Indian Constitution in 1949 as a “temporary provision” granting autonomy to Jammu and Kashmir in matters except defense, communications and foreign affairs. Over the decades, there were sporadic challenges to Article 370 in the Supreme Court.
The current batch of petitions were filed in 2019 soon after the government passed the Jammu and Kashmir Reorganisation Act, which bifurcated Jammu and Kashmir into two union territories – Jammu & Kashmir and Ladakh. It also scrapped Article 35A which allowed the J&K assembly to define permanent residents.
During 16-days of marathon hearings, the court examined if the President had the powers to abrogate Article 370 without the concurrence of the J&K constituent assembly, which was dissolved in 1957. The court also assessed the constitutionality of carving out Ladakh as well as the communication lockdown and detentions post the decision.
SC Verdict Brings Finality
Pronouncing the judgment, Chief Justice of India DY Chandrachud observed that Article 370 was intended to be a temporary provision to ensure gradual integration of J&K with India. Upholding presidential powers, the CJI said the abolition of Article 370 was valid in the absence of the constituent assembly. The court also upheld the J&K Reorganisation Act and creation of Ladakh as a union territory.
While acknowledging the unique history of J&K’s accession, the court underscored that J&K does not retain any sovereign powers and is completely assimilated into “the sovereign rule of the Union of India.” The court directed the government to restore J&K’s statehood and hold assembly elections by September 2024. It also asked for setting up a truth and reconciliation commission for documenting human rights violations.
The landmark verdict brings finality on the constitutional validity of the government’s 2019 decisions on J&K. Political reactions were predictably split, with BJP leaders hailing it as historic and opposition leaders expressing disappointment. The judgment marks the culmination of a long-drawn legal and ideological battle over J&K’s integration with India.
Implications of the Judgment
With the court upholding most aspects of the reorganisation of J&K, major changes introduced will stay. These include ensuring application of all provisions of the Indian Constitution, changes in land and property ownership norms, and governance as a union territory. However, the direction to restore statehood indicates J&K will regain elements of legislative autonomy when elections are held.
From a legal standpoint, the Supreme Court judgment carries extraordinary weight and authority. As the final arbiter on constitutional matters, the court’s unambiguous stamp of validity on the abrogation effectively closes the debate legally, even if political opposition remains. The only avenues for remedy seem to be political negotiations or a fresh constitutional amendment that is highly unlikely.
While the SC upheld government’s intentions as legitimate, timely restoration of statehood and assembly elections will be key next steps in reinforcing J&K’s democratic rights. There are also calls for enabling the return of Kashmiri Pandits displaced from the Valley and addressing fears over demographic change through dialogue.
Ultimately, it remains to be seen if the verdict aids the long-elusive quest for lasting peace and stability in Jammu and Kashmir. Enabling political reconciliation and fulfillment of democratic aspirations will determine the integration of hearts and minds.
Also Read: J&K to host a Global Investors summit to develop the state’s economy after scrapping of Article 370
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