The Supreme Court of India has delivered a landmark judgment on the constitutional validity of the abrogation of Article 370, which granted special status to the erstwhile state of Jammu and Kashmir. The five-judge bench, headed by Chief Justice DY Chandrachud, unanimously upheld the Centre’s decision to revoke Article 370 and reorganize the state into two Union Territories – Jammu and Kashmir, and Ladakh.
The court rejected the arguments of the petitioners, who challenged the legislative competence of the Parliament and the President to amend Article 370 and bifurcate the state. The court held that Article 370 was a temporary provision that could be modified or repealed by the President in exercise of his powers under clause (3) of the article. The court also noted that the Jammu and Kashmir Constituent Assembly, which had the power to recommend the application of the provisions of the Indian Constitution to the state, had ceased to exist after framing the state’s constitution in 1957.
The court further observed that the Centre had followed the due process of consultation with the Governor of Jammu and Kashmir, who acted as the representative of the state, before issuing the Presidential Order of August 5, 2019, that abrogated Article 370. The court also dismissed the contention that the Governor’s consent was invalid as he was appointed by the Centre and not elected by the people of the state. The court said that the Governor was bound by the oath of office to uphold the Constitution and the integrity of the nation.
The court also upheld the Jammu and Kashmir Reorganisation Act, 2019, which created two Union Territories out of the state. The court said that the Parliament had the power under Article 3 of the Constitution to alter the boundaries and status of the states, subject to the approval of the President. The court said that the reorganisation was a policy decision taken by the Centre in the interest of national security and development of the region.
The court also addressed the issue of human rights violations and restrictions imposed in the region after the abrogation of Article 370. The court said that while it was mindful of the hardships faced by the people, it was also aware of the ground realities and the security challenges posed by cross-border terrorism and militancy. The court said that the Centre and the local administration had to balance the rights and liberties of the people with the need to maintain law and order and protect the sovereignty and integrity of the nation. The court said that it expected the authorities to review the situation periodically and lift the curbs as soon as possible.
The court also called for the restoration of the democratic process in the region and directed the Centre to hold Assembly elections by September 2024. The court said that the people of Jammu and Kashmir had the right to elect their representatives and participate in the governance of the Union Territory. The court also said that the delimitation of the constituencies should be done in a fair and transparent manner, taking into account the geographical and demographic factors.
The verdict of the Supreme Court has been hailed by the Centre and its allies as a historic and decisive step towards the integration and development of Jammu and Kashmir. Prime Minister Narendra Modi tweeted that the verdict was not just a legal decision, but a reflection of the aspirations of the people of the region. He said that the verdict would pave the way for peace, progress and prosperity in Jammu and Kashmir.
The verdict has also been welcomed by the Rashtriya Swayamsevak Sangh (RSS), the ideological mentor of the ruling Bharatiya Janata Party (BJP). The RSS said that the verdict was a victory for national unity and a vindication of its long-standing opposition to Article 370. The RSS said that Article 370 had created a sense of alienation and separatism among the people of Jammu and Kashmir and had hampered the development and integration of the region.
The verdict has also been appreciated by the veterans and security analysts, who said that the abrogation of Article 370 had improved the security situation and reduced the violence and militancy in the region. They said that the verdict would boost the morale of the security forces and the people and would create a conducive environment for dialogue and reconciliation.
However, the verdict has also been criticized by the opposition parties and some civil society groups, who said that the abrogation of Article 370 was a unilateral and undemocratic move that violated the rights and sentiments of the people of Jammu and Kashmir. They said that the verdict had ignored the historical and constitutional basis of Article 370 and had disregarded the aspirations of the people for autonomy and self-rule. They also said that the verdict had failed to address the humanitarian and political crisis in the region and had legitimized the use of force and repression.
The verdict of the Supreme Court has brought to an end a long and contentious legal battle over the fate of Article 370 and the future of Jammu and Kashmir. The verdict has also opened a new chapter in the history and politics of the region, which has been marred by violence and uncertainty for decades. The verdict has also raised hopes and expectations among the people of the region, who are looking forward to a new era of peace, development and democracy. However, the verdict has also posed challenges and responsibilities for the Centre and the local administration, who have to ensure the implementation of the verdict in a smooth and sensitive manner, respecting the rights and aspirations of the people and addressing their grievances and concerns. The verdict has also called for a constructive and inclusive dialogue among all the stakeholders, including the political parties, civil society groups and the neighbouring countries, to resolve the outstanding issues and restore the trust and confidence of the people. The verdict of the Supreme Court has thus set the stage for a new beginning for Jammu and Kashmir, which has the potential to transform the region and the nation.
