Conflicts & War

India’s top court upholds revocation of Kashmir special status, orders elections

New Delhi/Islamabad, Dec 11 (EFE).- The Supreme Court of India on Monday upheld the validity of the repeal of Kashmir’s semi-autonomy, abolished in 2019 by the Hindu nationalist government of the Bharatiya Janata Party (BJP), while ordering elections to be held and the restoration of its statehood.

The five-judge bench headed by Chief Justice DY Chandrachud ruled that article 370, which conferred special status on the region, was a temporary provision, and therefore its repeal was valid and legal.

“Purpose of Article 370 was to slowly bring Jammu and Kashmir on par with the other states of India,” said Justice SK Kaul while reading out the verdict that challenged the government’s revocation of Jammu and Kashmir’s special status.

India’s highest judicial body also ordered the restoration of statehood, which was taken away by the central government with the repeal of Article 370 more than four years ago, as well as the convening of elections in the disputed region before Sep.30, 2024.

Under Article 370 of the Indian Constitution, Jammu and Kashmir had the freedom to frame separate laws for itself and had its own constitution, among other provisions.

The Jammu and Kashmir Reorganization Act, which struck down Article 370 and divided the state into two centrally administered union territories, was adopted in August 2019 and was widely endorsed by the lower house dominated by the ruling BJP, led by Prime Minister Narendra Modi.

The Hindu nationalist party had already stated in its election manifesto that it would repeal this key article of the constitution that granted special privileges to the Muslim-majority region.

One of the arguments by the Indian government for ending the semi-autonomous status of the former state of Jammu and Kashmir was to bring “peace and development” to the region.

This has been one of the boldest moves by the Modi government.

The court’s decision was enthusiastically welcomed by the government, while Kashmiri politicians opposed to the measure did not hide their disappointment but promised to continue fighting.

“Today’s Supreme Court verdict on the abrogation of Article 370 is historic and constitutionally upholds the decision taken by the Parliament of India on 5th August 2019; it is a resounding declaration of hope, progress and unity,” Modi posted on social media platform X, formerly Twitter.

Kashmir has been divided between India and Pakistan since their independence from British rule in 1947, with both of them claiming the entire region as their own.

The two nations have fought several wars and had multiple skirmishes over Jammu and Kashmir, which has faced a prolonged insurgency and unrest, which New Delhi claims is promoted by Islamabad.

Moreover, a large part of the local population harbor hopes for an independent state, separate from the two nuclear armed nations.

In this regard, Home Minister Amit Shah lauded the court’s order to hold elections in the region before October next year.

“After the abrogation of Article370, the rights of the poor and deprived have been restored, and separatism and stone pelting are now things of the past,” Shah posted on X.

The move was rejected by the Pakistani government, which it claimed undermined its obligations before the United Nations where it has been pending resolution for over seven decades.

“Pakistan categorically rejects the judgement announced by the Supreme Court of India on the status of Indian Illegally Occupied Jammu and Kashmir,” read a statement by the foreign ministry at Islamabad, adding that “Pakistan does not acknowledge the supremacy of the Indian Constitution over Jammu and Kashmir.”

“Jammu and Kashmir is an internationally-recognized dispute… The final disposition of Jammu and Kashmir is to be made in accordance with the relevant United Nations Security Council Resolutions and as per aspirations of the Kashmiri people. India has no right to make unilateral decisions,” it said.

The court’s decision has led to disappointment among Kashmiri politicians, who had argued that the process violated the Indian constitution and did not take into account the wishes of the region’s inhabitants.

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