Revocation of Kashmir's Special Status recent updates from Supreme Court of India

Author : Nimisha Nayak

Updated On : February 14, 2024

SHARE

Overview: In a significant development, Supreme Court of India has endorsed the 2019 decision by Prime Minister Narendra Modi's government to revoke the special status of Indian-administered Kashmir.

The decision granted a level of autonomy to the region and has been a longstanding point of contention. The move is seen as a political victory for the ruling Bharatiya Janata Party (BJP) in the lead-up to the general elections scheduled for May.

The disputed Himalayan region of Kashmir has been a source of conflict between India and Pakistan since gaining independence from Britain in 1947. Both countries have claimed the area in its entirety, resulting in three out of four wars fought over the region. In the recent court hearings, which began in August, were in response to a petition filed by Kashmiri individuals and groups challenging the revocation.

The Supreme Court's ruling on 11thDecember, 2023 emphasizes that Jammu and Kashmir should be expeditiously restored to the same statehood as any other Indian state, with no separate autonomy rights. The court, comprising a five-judge constitutional bench, declared that the region's special status was a "temporary provision" and justified the constitutional validity of its removal in 2019.

Chief Justice DY Chandrachud clarified that Article 370, which provided the special status to Kashmir, was initially an interim arrangement due to wartime conditions in the state. The provision was established in 1947 when the Hindu ruler of Muslim-majority Kashmir signed an agreement to join India. The region was allowed to retain its constitution, flag, and criminal code, but over time, New Delhi took steps to integrate it with the rest of India.

The revocation of Article 370 in 2019 also led to the elimination of Article 35A, which had been added in 1954. This provision granted special rights and privileges to permanent residents of the state, including control over property rights. Its repeal sparked concerns of a "demographic shift" in the Muslim-majority region, as non-Kashmiris could now purchase property.

In addition to these changes, Modi's government bifurcated Kashmir into two regions—Jammu and Kashmir in the west and Ladakh in the east—both to be directly ruled from New Delhi. The region lost its distinct flag, criminal code, and constitution as enshrined in Article 370.

Reactions to the Supreme Court's verdict have been mixed. Prime Minister Modi hailed the decision as a "beacon of hope" and a testament to a "stronger, more united India." On the other hand, critics argue that only the Constituent Assembly of Indian-administered Kashmir should have the authority to decide on the special status of the region.

Key political figures, including former Chief Ministers Omar Abdullah and Mehbooba Mufti, expressed disappointment but vowed to continue the struggle. They contend that the fight for honor and dignity in the region will persist. Many Kashmiris view the 2019 decision as an annexation, fearing that new laws may alter the demographics of the region.

The Supreme Court has now mandated local legislative elections in Indian-administered Kashmir by September 30 next year, emphasizing the ongoing impact of these decisions on the region's political landscape.

Revocation of Kashmir's Special Status recent updates from Supreme Court of India

Author : Nimisha Nayak

February 14, 2024

SHARE

Overview: In a significant development, Supreme Court of India has endorsed the 2019 decision by Prime Minister Narendra Modi's government to revoke the special status of Indian-administered Kashmir.

The decision granted a level of autonomy to the region and has been a longstanding point of contention. The move is seen as a political victory for the ruling Bharatiya Janata Party (BJP) in the lead-up to the general elections scheduled for May.

The disputed Himalayan region of Kashmir has been a source of conflict between India and Pakistan since gaining independence from Britain in 1947. Both countries have claimed the area in its entirety, resulting in three out of four wars fought over the region. In the recent court hearings, which began in August, were in response to a petition filed by Kashmiri individuals and groups challenging the revocation.

The Supreme Court's ruling on 11thDecember, 2023 emphasizes that Jammu and Kashmir should be expeditiously restored to the same statehood as any other Indian state, with no separate autonomy rights. The court, comprising a five-judge constitutional bench, declared that the region's special status was a "temporary provision" and justified the constitutional validity of its removal in 2019.

Chief Justice DY Chandrachud clarified that Article 370, which provided the special status to Kashmir, was initially an interim arrangement due to wartime conditions in the state. The provision was established in 1947 when the Hindu ruler of Muslim-majority Kashmir signed an agreement to join India. The region was allowed to retain its constitution, flag, and criminal code, but over time, New Delhi took steps to integrate it with the rest of India.

The revocation of Article 370 in 2019 also led to the elimination of Article 35A, which had been added in 1954. This provision granted special rights and privileges to permanent residents of the state, including control over property rights. Its repeal sparked concerns of a "demographic shift" in the Muslim-majority region, as non-Kashmiris could now purchase property.

In addition to these changes, Modi's government bifurcated Kashmir into two regions—Jammu and Kashmir in the west and Ladakh in the east—both to be directly ruled from New Delhi. The region lost its distinct flag, criminal code, and constitution as enshrined in Article 370.

Reactions to the Supreme Court's verdict have been mixed. Prime Minister Modi hailed the decision as a "beacon of hope" and a testament to a "stronger, more united India." On the other hand, critics argue that only the Constituent Assembly of Indian-administered Kashmir should have the authority to decide on the special status of the region.

Key political figures, including former Chief Ministers Omar Abdullah and Mehbooba Mufti, expressed disappointment but vowed to continue the struggle. They contend that the fight for honor and dignity in the region will persist. Many Kashmiris view the 2019 decision as an annexation, fearing that new laws may alter the demographics of the region.

The Supreme Court has now mandated local legislative elections in Indian-administered Kashmir by September 30 next year, emphasizing the ongoing impact of these decisions on the region's political landscape.

ABOUT TOP RANKERS

Toprankers, launched in 2016, is India’s most preferred digital counselling & preparation platform for careers beyond engineering & medicine. We envision to build awareness and increase the success rate for lucrative career options after 12th. We offer best learning practices and end-to-end support to every student preparing for management, humanities, law, judiciary & design entrances.

E

: support@toprankers.com

P

: +91-7676564400

Social Channels

App Badge

Chat to Toprankers Team