In a move that resonates deeply in the hearts of Kashmiris, the Supreme Court upheld the abrogation of Article 370 in Jammu and Kashmir on Monday, December 11. The five-judge Constitution bench, led by Chief Justice of India DY Chandrachud, delivered a unanimous ruling that carries profound implications for the region.
1. The ‘Unique’ and ‘Special Status’ of Jammu and Kashmir:
- The SC’s assertion that Jammu and Kashmir did not retain sovereignty after its accession to India in 1947 is met with skepticism in the Valley.
- The court’s reliance on proclamations issued by rulers in a bygone era is questioned, as they argue that historical nuances and the people’s sentiment should not be overlooked.
- Kashmiris emphasize the need to understand their unique history, asserting that their distinctiveness deserves acknowledgment and preservation.
2. Temporary or Permanent Nature of Article 370:
- From a Kashmiri perspective, the court’s declaration of Article 370 as a temporary, transitional provision might raise concerns about the enduring consequences of this move.
- The argument that the “temporary” provision served a purpose in 1947 war-like conditions is met with skepticism, with locals questioning its relevance in the current context of peace.
3. Questions Relating to the Effective Abrogation of Article 370:
- The Kashmiri perspective contends that the upheld presidential proclamations of August 2019 further alienate the region from its autonomy.
- The reinterpretation of the “constituent assembly of Jammu and Kashmir” as “Legislative Assembly of Jammu and Kashmir” is seen as a maneuver that impacts the region’s political representation.
- Locals express concerns about whether such actions by the Union during President’s rule align with the principles of democracy and self-determination.
- Kashmiris question the reliance on the ‘SR Bommai v Union of India’ ruling, arguing that it might not adequately address the nuances of the unique situation in Jammu and Kashmir.
In light of these considerations, the Kashmiri community emphasizes the importance of recognizing their identity, respecting their history, and ensuring that decisions made at the national level align with the aspirations of the people of Kashmir. The repercussions of this Supreme Court ruling are likely to reverberate in the region for years to come.
