Understanding Article 370 after the SC verdict
The SC directed the Centre for the restoration of statehood and to hold Legislative Assembly elections by Sept 2024
Updated: Dec 12th, 2023
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| Image: IANS |
A region that is often dubbed the ‘heaven on Earth’, is also probably one of the most controversial valleys shared by the borders of two nations.
Kashmir, with its name, brings stories of partition when the area was once called the princely state of Jammu and Kashmir before 1947.
Since then, the valley has been grappling with political and bilateral disputes between the neighbouring countries, India and Pakistan.
What is Article 370?
Drafted in Part XXI of the Indian Constitution on Oct 17, 1949, Article 370 reads, “Temporary provisions with respect to the State of Jammu and Kashmir”.
The temporary provision of Article 370 incorporated special arrangements for the governance of the State of Jammu and Kashmir, allowing it to have its own constitution, a separate flag, and limited interference by the Indian government.
It barred the Centre’s legislative powers with respect to the state. It gave the state legislature the power to make its own laws in all matters except finance, defence, foreign affairs, and communications.
The valley breathed a different air when the government of India revoked the special status, or autonomy, granted under Article 370 of the Indian Constitution to Jammu and Kashmir.
On Aug 5, 2019, the government of India, under prime minister Narendra Modi, decided to abrogate Article 370 through a Presidential Order 272.
A reorganisation took place on Oct 31, 2019, when the Jammu and Kashmir Reorganisation Act, 2019, was passed by the parliament, which conceived the two separate Union Territories: ‘Jammu and Kashmir’ and ‘Ladakh’. The Union Territory of Jammu and Kashmir was decided to be counted as a legislative assembly, while Ladakh is without one.
Arguments against abrogation of Article 370
The discourse erupted with burning arguments regarding the controversial move of the Centre, attracting several petitions filed in the apex court within weeks of the action that challenged the J&K reorganisation.
On July 3 2023, the Supreme Court began hearings on a daily basis and reserved the judgment. The Constitution Bench led by CJI Chandrachud decided to hear the case from Aug 2, 2023.
SC’s verdict
So far, a five-judge Constitution bench, presided by Chief Justice of India (CJI) DY Chandrachud and others including Justices SK Kaul, Sanjeev Khanna, BR Gavai and Surya Kant reserved its verdict petitions challenging the abrogation of Article 370.
CJI held that Jammu and Kashmir did not retain any element of sovereignty or internal sovereignty when it joined the Union of India. While the court said the reorganisation of the erstwhile state into Union Territories in 2019 was a temporary move, it directed the Centre for the restoration of statehood and to hold Legislative Assembly elections by Sept 2024.
As soon as the SC’s verdict rolled out today, it drew reactions from political actors and experts observing the verdict closely.
Omar Abdullah, vice president of the Jammu and Kashmir National Conference, posted on X, “Disappointed but not disheartened. The struggle will continue. It took the BJP decades to reach here. We are also prepared for the long haul.”
On the other hand, prime minister Narendra Modi emphasised satisfaction with the verdict, saying, “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 Aug 19, 2019; it is a resounding declaration of hope, progress, and unity for our sisters and brothers in Jammu and Kashmir, and Ladakh.”
