Supreme Court’s Ruling on 370

Adv Sajid Yousuf Shah

The Supreme Court’s momentous ruling affirming the legitimacy of the 2019 Presidential Order and the repeal of Article 370 marks a transformative chapter for the union territory of Jammu and Kashmir. This pivotal judgment signifies a substantial step in addressing historical injustices, promoting national integration, and upholding democratic equality. The supreme Court’s assertion that Article 370 was originally conceived as a temporary provision aligns with India’s overarching objectives of fostering national unity. After more than four years since the reorganization of Jammu and Kashmir into the Union territories of J&K and Ladakh, post the abrogation of Article 370, the Supreme Court in its final verdict said that the President’s exercise of power was not malafide. The verdict, delivered by a five-judge Constitution Bench led by Chief Justice DY Chandrachud, declared the validity of the President’s 2019 order nullifying Jammu and Kashmir’s special status. The unanimous decision came in response to a series of pleas from individuals and political parties challenging the abrogation of Article 370. There has been controversies surrounding the article since the instrument of accession came into effect itself in 1947. Numerous views have been put forth concerning the merits , drawbacks and the relevance of 370 and whether it should continue to exist after 75 years of our independence. There have been debates, meetings and controversies surrounding Article 370, but no action had been taken. This was until now. On 6th August 2019, The Lok Sabha passed the Jammu and Kashmir (Reorganization ) Bill 2019, to bifurcate the state of Jammu and Kashmir into union territories. The Bill was passed with 376 ‘yes’ votes and 67 ‘no’ votes. The Rajya Sabha had cleared the Bill with 125 : 61 votes. The bill was passed by both the houses with a majority. And today a historic decision came out from Supreme court of India. The Supreme Court said there was no sovereignty for Jammu and Kashmir after its accession to the Indian Union, and that Article 370 was a temporary and transitional provision.

Here’s what the SC ruled on three key issues in the petitions:

One, on the ‘special status’ of Jammu and Kashmir.

The Supreme court held that J&K did not retain any element of sovereignty after its accession to India in 1947. Justice SK Kaul, in his judgement, stated – “Purpose of Article 370 was to slowly bring Jammu and Kashmir on par with the other States of India. The court emphatically concluded that Jammu and Kashmir has always been an integral part of India. CJI Chandrachud cited Section 3 of the J&K Constitution itself, apart from Article 1 and 370 of the Indian Constitution. Justice Kaul said that being the only state with its own Constitution also does not define a special status. “The purpose of J&K Constitution was to ensure everyday governance in the state and the purpose of Article 370 was to integrate the state with India.

Two, is Article 370 a ‘temporary’ or a permanent provision of the Constitution?

The Supreme Court held that Article 370 is a temporary, transitional provision. CJI Chandrachud took a textual approach and cited evidence of the historical context for the inclusion of Article 370 and the placement of Article 370 in Part XXI of the Constitution dealing with temporary provisions.

Three, the questions relating to the effective abrogation of Article 370.

The Supreme Court upheld both the presidential proclamations of August 2019. Apart from the larger federal issues and the debate around the special status of J&K, the key legal challenge was to the two Presidential proclamations in 2019 which in effect abrogated Article 370.

Now to understand the benefits of abrogation , The term “special status” often led to clear discrimination against many individuals in the state. A June 28, 2019, report by Pallavi Sareen in The Wire highlights the challenges faced by the Valmiki community, who were restricted to working as safai karmacharis (sweepers) due to the continuation of these rules. after the abrogation of Article 370, there is a celebration in Valmiki colony in Jammu. Sweets are distributed because with the end of special status there is no further need for a residency certificate which kept the community away from government jobs. Arguably the most significant legislative decision of the Narendra Modi government has been the Jammu and Kashmir Reorganisation Act, passed by Parliament in August 2019. The law not only abrogated Article 370 and Article 35A, which granted special status to Jammu and Kashmir, it also bifurcated it into two Union Territories of J&K and Ladakh for the welfare of citizens .

After the constitutional changes and reorganization of the erstwhile State of Jammu-Kashmir, the Union territories of Jammu-Kashmir and Ladakh have been fully integrated into the mainstream of the nation. As a result, all the rights enshrined in the Constitution of India and benefits of all the Central Laws that were being enjoyed by other citizens of the country are now available to the people of Jammu-Kashmir and Ladakh. The change has brought about socio-economic development in both the new UT’s i.e. UT of Jammu-Kashmir and the UT of Ladakh. Empowerment of people, removal of unjust Laws, bringing in equity and fairness to those discriminated since ages who are now getting their due along with comprehensive development are few of the important changes that are ushering both the new Union Territories towards the path of peace and progress.

The biggest change after the abrogation of the article is that the common people of Jammu and Kashmir are living life according to their own wishes. For seven decades, the citizens of the Valley found themselves under the sway of regional and central leaders from various parties—except the BJP.

For the people of Jammu and Kashmir, Union Home Minister Amit Shah’s eloquent addresses in both houses emerged as a poignant expose. His speeches shed light on the systemic favoritism benefiting only a select few and three contemporary political dynasties in particular. No stone pelting incident has been reported since August 2019. There are many creative avenues for channelling the younger generation’s energy, sporting arenas and opportunity, stadiums constructed across the Valley, skill development opportunities, self-help groups, schools and colleges and so on. The record tourist inflow has rehabilitated old businesses and greater connectivity with the rest of India has sprouted new businesses and opportunities. Incidentally, women and girls are more receptive to this change. Now it is on pary of all of us to make extra efforts to defeat Pakistan Sponsored terrorism and separatism and create an atmosphere for peace and a new beginning for regaining glory.

Adv Sajid Yousuf shah is heading Media department Bhartiya Janta party kashmir And is a practicing Lawyer and a columnist .