India's top court upholds Kashmir's special status revocation: Modi reacts jubilantly
In a highly anticipated judgment, India's Supreme Court vacillated about reinstating Kashmir's special status, which was abolished in 2019. The Chief Justice, DY Chandrachud, opted to restore the region's autonomous status "at the earliest," but set a tentative deadline of late September 2024 for the conduct of elections in Jammu and Kashmir (J&K).
Both India and Pakistan claim the contested Kashmir region, which has been a flashpoint for often violent territorial disputes between the two nuclear-armed neighbors for over seven decades. Kashmir's perilous location makes it one of the world's most dangerous hotspots. The region is divided by a de facto border, informally recognized as the Line of Control, which separates areas under Indian control, primarily called Jammu and Kashmir, and Pakistan-controlled regions.
Four years ago, the Bharatiya Janata Party (BJP), led by Indian Prime Minister Narendra Modi, abolished Article 370 of the Indian Constitution. This stature granted J&K autonomous rights, including its own constitution, flag, and self-rule in all matters, save for crucial policies like external affairs and defense.
Shortly after the Article 370 abolishment, the Indian Parliament voted to split J&K into two Union Territories — Ladakh and Jammu and Kashmir — thereby gaining more control over the disputed region. Presently, the once-separate Ladakh region enjoys individual territory status, with both India and Pakistan trying to claim parts of the contested region.
The Reserve Bank of India confirmed that the original judgement upholding the annulment of Article 370 was also validated on Monday.
Revoking Kashmir's special status was one of Modi's key campaign promises during the 2019 elections. Following the Supreme Court's ruling, which fell just months before he is expected to seek a rare third term, Modi hailed the decision as a "historic and constitutionally validated affirmation" of parliamentary rulings from August 5, 2019.
Modi, amped by the ruling, lauded the Supreme Court's verdict as a beacon of "hope, progress, and unity," tweeting, "Today's judgement by the Supreme Court on the removal of Article 370 is historic and constitutionally vindicates the decision of the Indian Parliament on 5th August, 2019."
In his tweet, Modi also emphasized that the ruling served as "a harbinger of hope, a symbol of progress, and a proof of our collective resolve to build a stronger, more united India."
With Article 370 abolished, Jammu and Kashmir is now subject to all Indian Constitution provisions. This shift opens the door for non-native residents to purchase property and apply for jobs or scholarships previously reserved exclusively for J&K natives.
The annulment of Article 370 sparked widespread unrest among opposition parties in 2019. Critics argued that the change in status might escalate tensions and heighten the risk of violence in an inherently unstable region.
Regional protests broke out Monday, as some Kashmiri politicians voiced their dismay over the Supreme Court's decision. Mehbooba Mufti, the former Jammu and Kashmir Chief Minister and current Democratic Party of Jammu and Kashmir chairperson, expressed disappointment, affirming, "The people of J&K will not lose hope or surrender. Our struggle for honor and dignity will continue, no matter what happens."
Omar Abdullah, the Vice President of the regional Jammu and Kashmir National Conference, voiced his disappointment but asserted that the struggle would persist. He wrote on Twitter, "I'm disappointed but not disheartened. The struggle will continue. It's taken decades for the BJP to get here. We were prepared for the long haul."
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India's abolition of Article 370 and subsequent Supreme Court judgment has substantial geopolitical implications, as both India and Pakistan successfully claim the Kashmir region and have maintained tense relations since the late 1940s.
- Indian Perspective:
- Legal Justification: Indian authorities have defended the move by arguing that Article 370 was originally intended as a temporary provision, not meant to remain a permanent part of the Indian Constitution[2].
- Integration and Development: Advocates of the decision see it as an opportunity to fully integrate J&K into India, fostering better governance, economic opportunities, and equal opportunities for all citizens[2].
- International Legal Standing: India maintains that its actions were legal, as they were in line with the nation's own constitutional framework and popular support[2].
- Pakistan's Response:
- Diplomatic Escalation: Pakistan has denounced the decision, viewing it as an unlawful, unilateral move to alter the demographic makeup and political structure of the region[3][4].
- Diplomatic Retaliation: Pakistan has retaliated by downgrading diplomatic relations with India, expelling their high commissioner, and suspending trade relations[3][4].
- International Support: Pakistan has called upon international organizations, particularly the United Nations, to intervene in the issue and advocate for respect of human rights and regional security[3].
- International Community:
- Mixed Reactions: The world has displayed a mixed response, highlighting concerns over the political implications, human rights concerns, and the region's impact on India, Pakistan, and broader South Asian stability.
