Status of Kashmir

This constitutional review will have long-term implications on political mosaic

While the Indian Supreme Court is hailing its decision as a constitutional juggernaut by restoring the statehood of Jammu & Kashmir, from a Pakistani standpoint, it raises concerns due to its implications for the region and the standing of international institutions. December 11 will be marked by scepticism for Indian democracy. The apex court’s five-member bench unanimous decision under Chief Justice DY Chandrachud has stirred controversy. It ruled that the special status of held Kashmir, as enshrined in Article 370 of the Indian constitution, was a temporary provision and, thus, its striking off by the BJP-led dispensation was appropriate. Though this comes as a surprise to a plethora of petitioners and civil society, it is nonetheless being seen as a consolation that the election commission has been ordered to hold elections in the occupied state by September 30 next year, in anticipation to see the state and its subjects being regulated as per the dictums ordained by the electorate.

This constitutional review will have long-term implications on the political mosaic. This is why many of the jurisprudents believe that the bench did not feel like reprimanding the uncalled for unilateral action on political partisanship. This was evident as the learned bench ruled that the petitioners’ contention that the Centre could not take any decision during proclamation under Article 356 was not acceptable; and likewise noted that the 2019 declaration was “a culmination of the process of integration and as such is a valid exercise of power”.

Another major observation was that “occupied Kashmir did not retain the element of sovereignty after joining India”. This is where Delhi will have to do a lot of plain-talking. The technically pro-BJP decision, coming close on the heels of its landslide electoral victories in three states, will be purported as a shot in the arm, and the distressed people of the occupied Valley will have to choreograph their struggle of statehood and civil and political liberties by keeping their head high.

Published in The Express Tribune, December 12^th, 2023.

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