India's Supreme Court upheld the decision to end Kashmir's autonomy
Named
December 11, 2023
The region, which has been separated since the demarcation of South Asia in 1947, is partially controlled by Pakistan and India, and claimed by both countries in full. - File photo/REUTERS
India's Supreme Court upheld the decision to end Kashmir's autonomy
The region, which has been separated since the demarcation of South Asia in 1947, is partially controlled by Pakistan and India, and claimed by both countries in full. - File photo/REUTERS
NEW DELHI: India's Supreme Court on Monday upheld the government's decision to abrogate Article 370 of the Constitution that ended decades of autonomy in the Jammu and Kashmir region.
The five-judge panel made the decision after hearing a petition challenging the cancellation of Jammu and Kashmir's special status made in 2019.
The government's decision divided the only Muslim-majority state in India into two regions, Jammu and Kashmir, which are now administered by the federal government along with Ladakh.
Chief Justice DY Chandrachud in his decision said Jammu and Kashmir no longer has a status different from other states in India, and the provisions of the Indian Constitution can be applied to it.
He said Article 370 was only a temporary regulation.
The former territorial state became part of India through an accession treaty signed in October 1947 by the ruler of the region Maharaja Hari Singh.
The region, which has been separated since the demarcation of South Asia in 1947, is partially controlled by Pakistan and India, and claimed by both countries in full.
The apex court also ordered Jammu and Kashmir to obtain their respective state status as soon as possible and hold elections by Sept 30 next year.
The region is currently administered by officials appointed by the federal government.
Prime Minister Narendra Modi and his Bharatiya Janata Party (BJP) government welcomed the court's decision.
"Today's decision of the Supreme Court on the abrogation of Article 370 is historic and constitutionally confirms the decision made by the Parliament of India on August 5, 2019," according to Modi.
"Today's decision is not just a legal judgment, it is a hope, a promise of a brighter future and proof of our collective determination to build a more whole and united India," he said.
In Kashmir, the region's leaders who support the restoration of its autonomous status expressed their dismay at the decision.
Former Jammu and Kashmir chief minister Mehbooba Mufti urged the people of Kashmir not to lose hope as the region has gone through many ups and downs in its history.
"Our struggle for honor and dignity will continue. This is not the end of the road for us," he said.
Most Kashmiris believe that the abrogation of the region's autonomy will threaten their distinct identity as well as the demographic balance.
"Disappointed but not hopeless. The struggle will continue," said Omar Abdullah, another former chief minister.
"BJP took decades to get here. We are also ready for a long journey," he said, referring to the Hindu nationalist campaign that has long opposed constitutional measures that give it autonomy in local governance.
The Supreme Court ruling boosts the BJP's prospects in the party's election campaign next year as the party's campaign to end Kashmir's autonomy has gained widespread support, especially in Hindi-speaking states with a large number of parliamentary seats.
While the original arrangement was intended to allow Jammu and Kashmir fair independence in administration, except in matters such as foreign relations, defense and communications, the region's decades-long autonomy was eroded before Article 370 was abrogated in 2019.
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