India’s Supreme Court has ruled that the government acted legally when it revoked the autonomy of the state of Jammu and Kashmir and brought it directly under the control of the Centre.
Article 370, which enshrined special rights for Jammu and Kashmir outside the Indian constitution for nearly 70 years, was revoked by the Narendra Modi government in August 2019 on a presidential order without consulting the people of Kashmir.
Chief Justice of India D Y Chandrachud on Monday upheld the government’s decision, saying it had not exceeded its powers.
The repeal of Article 370 was forced through a protracted crackdown on the state, with the army mobilized in large numbers, political leaders jailed, a strict curfew imposed and the internet shut down for 18 months. It was stripped of its statehood and its political representation was dissolved and has not been restored since.
The legality of the government’s actions was challenged in India’s Supreme Court. It took almost four years before it was finally discussed by a panel of the highest courts at the beginning of this year.
Ahead of the verdict on Monday, Kashmiri political leaders claimed they had been placed under de facto house arrest as the gates of their homes were chained shut and movement within the state was restricted.
In his verdict, Chandrachud said that Article 370 was only meant to be “temporary” after the region’s accession to India after independence and was therefore no longer valid under the current circumstances. Describing Article 370 as “asymmetrical federalism”, the judges said the Indian constitution should fully apply to Jammu and Kashmir.
“Jammu and Kashmir did not retain any sovereignty after acceding to India,” Chandrachud said.
Controversy over the Muslim-majority region of Kashmir predates India’s independence in 1947, when it was disputed between India and Pakistan during partition.
After Jammu and Kashmir became part of the Indian Union, Article 370 was initially enacted as a temporary measure to enshrine certain independent rights and protections for Kashmiris, including their own constitution and flag. It was later upheld as a more permanent measure in the state through various court decisions.
Kashmir has long remained the most sensitive pressure point in the tumultuous relations between India and Pakistan. In the 1990s, a pro-Pakistan militant insurgency emerged in Indian-administered Kashmir, and the state has been struggling with the problem of terrorism and militancy ever since.
Monday’s Supreme Court decision is a victory for the Hindu nationalist Bharatiya Janata Party (BJP) government, which has been promising to repeal Article 370 for years. The party justified the move by bringing the security situation in the state under control, although militant attacks have continued since then.
The verdict sparked anger among Kashmiri political leaders, who have faced house arrest and harassment since August 2019. Mehbooba Mufti, a former chief minister who was ousted from power, said the abrogation of Article 370 was “unjust, illegal and unconstitutional” and that the Supreme Court’s vindication of it was “no less than a death sentence message not only for Jammu and Kashmir but also for the idea of India’.
“No verdict is final, even if it is from the Supreme Court,” she added. “This is a political struggle that has been going on for several decades. Our people have made huge sacrifices to achieve dignity of life and we will not leave it unfulfilled.”
