In a landmark ruling, India’s Supreme Court has upheld the revocation of Article 370, stripping the former state of Jammu and Kashmir of its special status. Prime Minister Narendra Modi’s government, fulfilling a 2019 campaign promise, nullified the constitutional provision, granting the region significant autonomy. The court’s decision comes ahead of Modi’s bid for a third term and entails the bifurcation of the state into federally administered territories.
Article 370 of the Indian Constitution, originally conceived as a temporary provision, granted special status to the region of Jammu and Kashmir. This provision allowed the state to have its own constitution, a separate flag, and autonomy in internal administration. The article was included in the Constitution with the understanding that the other provisions of the Indian Constitution would apply to Jammu and Kashmir only with the concurrence of its constituent assembly. However, when the state’s constituent assembly dissolved in 1957 without recommending abrogation or amendment of Article 370, it was deemed a permanent feature of the Indian Constitution. In August 2019, the Indian government, through a Presidential Order and parliamentary resolution, abrogated Article 370, revoking the special status of Jammu and Kashmir and integrating it into the rest of the country. This move was accompanied by the reorganization of the state into two Union Territories – Jammu and Kashmir, and Ladakh. The decision faced legal challenges in the Supreme Court, with a five-judge bench formed to address the petitions. The background of Article 370 reflects the complex historical and political context surrounding the accession of princely states to India and the unique circumstances leading to the special status of Jammu and Kashmir within the constitutional framework.
Chief Justice DY Chandrachud emphasized that Jammu and Kashmir lacked internal sovereignty distinct from other states, framing the judgment that resonates with the government’s argument for integration. The court further mandated elections in the region by September 2024 and urged its restoration as a state “at the earliest.”
Notably, Justice SK Kaul proposed the establishment of an “impartial truth and reconciliation commission” to investigate human rights violations over the past decades by both state and non-state actors—a move indicating a broader acknowledgment of the complex historical context.
Local politicians, including former Chief Minister Omar Abdullah, expressed disappointment with the verdict. The region, once a princely state that joined India in 1947, has long been a flashpoint between nuclear-armed neighbors India and Pakistan, resulting in multiple conflicts.
The revocation of Article 370 in 2019 marked a pivotal moment, with the government arguing for the integration of Kashmir into the Indian mainstream. Critics, however, contend that the move could alter the demographic fabric of the Muslim-majority region.
The recent Supreme Court ruling addressed three key questions. Firstly, it affirmed that Jammu and Kashmir did not retain sovereignty after acceding to India, debunking claims of a “unique” and “special status.” Secondly, the court classified Article 370 as a temporary, transitional provision, citing historical context and the constitutional placement of the provision. Lastly, the verdict upheld the presidential proclamations of August 2019, effectively abrogating Article 370.
The decision brings a legal conclusion to the contentious issue, but the political and social implications continue to resonate. As the region moves forward, questions persist about the government’s commitment to restoring normalcy and addressing the grievances of the people of Jammu and Kashmir. The call for a truth and reconciliation commission adds a new dimension, underscoring the need for a comprehensive and impartial examination of the region’s troubled past. The aftermath of this verdict will undoubtedly shape the trajectory of Jammu and Kashmir’s future, impacting the lives of its residents and reverberating in the broader geopolitical landscape of South Asia.
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