Today, the Constitution Bench of the Supreme Court verdict on Article 370 in several petitions challenging Jammu & Kashmir’s dismemberment into two Union Territories. Security measures have been reinforced across Srinagar to facilitate this significant judgment.
Before the Supreme Court issued Article 370 verdict, security measures were put in place in Kashmir to create an environment conducive to peace. Kashmir Zone V K Birdi told the news agency PTI on Sunday that he must always ensure peace prevails, which “is our obligation in all circumstances.”
Birdi has held security reviews in all 10 Kashmir valley districts over the last two weeks and told PTI that “we are taking all precautions to maintain peace in Kashmir.”
As reported, authorities have also issued guidelines under section 144 of the Criminal Procedure Code to social media users to halt any spreading that supports terrorism or secessionism.
On September 5, after 16 days of hearing arguments and deliberation by DY Chandrachud as Chief Justice and Sanjay Kishan Kaul (also known as Justices Sanjiv Khanna) and BR Gavai (known as Justice Surya K. Kant), an eight-judge constitution panel was assembled to render its verdict.
The Centre defended its decision to repeal Article 370 by asserting no “constitutional fraud” was involved in repealing a provision that accorded special status to Jammu & Kashmir statehood.
In 2019, Prime Minister Narendra Modi issued an order revoking Article 370 of the Indian Constitution, which gave certain parts of India considerable autonomy.
Two federally administered territories were created from states with populations exceeding 12,000,000 people. The court stated that elections should take place before September 2024.
The five-judge panel also ordered that the region be restored “at once” as an independent state. As Chief Justice DY Chandrachud read his judgment, he asserted that Jammu and Kashmir are no different from any other state regarding internal sovereignty.
Justice SK Kaul suggested in his concurring judgment that an impartial Truth and Reconciliation Commission be established in Kashmir to investigate human rights violations committed by state and non-state actors over recent decades.
Modi had pledged to overturn the order in 2019, and now, months ahead of his third-term bid, a court has upheld this pledge. Local politicians have expressed their displeasure with this development.
Jammu and Kashmir, once an independent princely state, joined India after its partition at the end of British rule in 1947.
India and Pakistan, two nuclear-armed neighbors, have engaged in two wars and a limited conflict over Kashmir since 2001. Both parties now control different areas of territory through separate ceasefire agreements.
VK Birdi, Inspector General for Kashmir Zone, stated to PTI News Agency that he must maintain peace throughout Kashmir Valley under any circumstance.
Once the cancellation was announced, communication in the region became unusable, and an effective blackout ensued.
Indian government officials recently decided to repeal nearly all of their Constitution, which granted special privileges for Jammu-Kashmir state residents.
The state assembly responsible for overseeing budget, expenditures, employment, education, and economic activity has been disbanded and replaced with an acting lieutenant governor to run it until local elections occur in 2019. Meanwhile, several activists and opposition leaders from this region have been detained.
Article 370 guarantees each state the freedom to establish its Constitution, flag, and laws. At the same time, the federal government retained control of foreign affairs, defense, and communications.
Jammu-Kashmir could then set its rules regarding permanent residency, property ownership, and fundamental rights. They could even prohibit Indians living outside the state from settling or purchasing real estate.
Its Constitution’s provision on Kashmir had long defined Indian politics. This sole Muslim-majority region joined India after partition.
Modi’s Hindu nationalist Bharatiya Janata Party had long opposed Article 370 and included its repeal in their 2019 election manifesto.
They argued it should be scrapped to integrate Kashmir into India. They put it on an equal footing with other regions. Following its victory at the April-May general elections in 2019, the government quickly took action on its proposal.
Critics allege that the BJP seeks to alter the demographics of an area with a majority Muslim population by permitting non-Kashmiris to purchase land there.
In August, the Supreme Court Constitution bench heard over 23 petitions challenging government decisions.
The petitioners emphasized the special relationship between Kashmir and India, noting that Article 370 “acted like a bridge” to connect both constitutions governing India and Jammu & Kashmir.
State officials consider Kashmir to be comprised of three regions: Kashmir Valley (dominated by Muslims), Jammu Region, and Ladakh enclave.
Petitioners argued that reorganizing Jammu, Kashmir, and Ladakh into federally administered territory violated India’s Constitution, requiring state legislative assemblies to approve reducing an entire state into a union territory.
Petitioners argued that Article 370 had been abolished without considering the will of its residents in Kashmir, thereby stripping away internal sovereignty for that region. India claimed this sovereignty had already been given up with its entry to independence in 1947.
Kashmir Valley will attract over 16,000,000 tourists by 2022, as many restrictions imposed due to the abolition of special status are now being eased, and elections for statehood and statehood have been announced as planned by the government.
Rights groups have condemned the government for restricting communication on the peninsula due to security concerns.
What is Abrogation Of Article 370?
On August 5, 2019, the government made a historic decision to repeal Article 370 of India’s Constitution, which granted Jammu & Kashmir special status, thus making the Constitution applicable equally across India’s states/UTs (union territories).
What is Article 370?
Article 370 is a temporary provision in India’s Constitution that grants Jammu & Kashmir special autonomy status. Part XXI’s Temporary Transitional and Special Provisions contains this article, giving J&K immunity from many of the Constitutional provisions that would otherwise apply.
Article 370: History
Sheikh Abdullah drafted this provision in 1947 when appointed Prime Minister of Jammu & Kashmir by Maharaja Hari Singh & Jawahar Lal Nehru. He believed Article 370 should not be included within temporary constitutional provisions, arguing for “iron-clad autonomy”; however, the Centre failed to comply.
Provision of Article 370
All laws unrelated to defense, foreign affairs, or finance require approval by state governments. Residents of this state are subject to different laws than other Indians regarding citizenship, property ownership, and fundamental rights.
Under Article 370, Indian citizens from other states cannot purchase land or properties in Jammu & Kashmir. Article 360 gives the Centre power to declare a financial emergency in the state under certain circumstances.
The Centre can only declare an emergency in a state in cases of war or external aggression; otherwise, the Union government cannot declare one due to internal unrest or imminent danger unless requested or approved by its state counterparts.
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