World

India's top court upholds end of special status for Kashmir, orders polls

December 12, 2023 4:30 pm

[Source: Reuters]

India’s Supreme Court upheld a 2019 decision by the government of Prime Minister Narendra Modi to revoke special status for the state of Jammu and Kashmir and set a deadline of Sept. 30 next year for local polls to be held.

India’s only Muslim-majority region, Jammu and Kashmir has been at the heart of more than 75 years of animosity with neighbouring Pakistan since the birth of the two nations in 1947 at independence from colonial rule by Britain.

The unanimous order by a panel of five judges followed more than a dozen petitions challenging the revocation and a subsequent decision to split the region into two federally administered territories – Jammu and Kashmir, and the Buddhist territory of Ladakh.

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It sets the stage for elections in Jammu and Kashmir, which was more closely integrated with India after the government’s move, taken in line with a longstanding promise of Modi’s Hindu-nationalist Bharatiya Janata Party (BJP).

The decision is a shot in the arm for the government before a general election due by May.

The challengers maintained that only the constituent assembly of Jammu and Kashmir could decide on the special status of the mountain region, and contested whether parliament had the power to revoke it.

The court said special status was a temporary constitutional provision that could be revoked. It ordered that Jammu and Kashmir should return to being a state at the earliest opportunity.

“Article 370 was an interim arrangement due to war conditions in the state,” Chief Justice D.Y. Chandrachud said, referring to the provision of the Indian constitution which provided the special status after the first India-Pakistan war over the Himalayan region.

“Textual reading also indicates that it is a temporary provision,” Chandrachud said.

Modi called the judgment “a beacon of hope, a promise of a brighter future”.

“It is a resounding declaration of hope, progress and unity for our sisters and brothers in Jammu, Kashmir and Ladakh,” Modi posted on X, formerly Twitter.

“The court, in its profound wisdom, has fortified the very essence of unity that we, as Indians, hold dear and cherish above all else.”

 

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