The Supreme Court of India Tuesday ordered a hearing on multiple petitions challenging the government of India’s revocation four years ago of the special status of the Indian side of Jammu and Kashmir or J&K.
Dhananjaya Yeshwant Chandrachud, Chief Justice of India announced that the Constitution Bench would commence the hearing on August 2.
Twenty-one petitions have been filed challenging the government’s decision in August 2019 to abrogate Article 370 and Article 35(A) of the Indian constitution. The two articles provided J&K several benefits including a separate constitution, protected land-ownership rights, and government jobs for its permanent residents.
The government of India Monday defended its decision by submitting a written affidavit at the court stating that the region has witnessed a positive impact after the abrogation of the special status. However, the court during the hearing made it clear that it would not consider the fresh affidavit filed by the government regarding the situation in J&K.
The government of India imposed a tight curfew on J&K for a couple of months after scrapping the region’s special status. (Wasim Nabi for VOA)
Prominent pro-India political parties expressed strong confidence in the Supreme Court regarding the restoration of the special status.
Muzaffar Shah, Vice President of the Awami National Conference, while stressing the historical context of J&K’s accession to the Union of India in 1947 stated that the power to amend Article 370 and Article 35(A) solely lies with the “Constituent Assembly of J&K.”
“I believe that J&K will regain its special status as guaranteed under the Constitution of India through the agreements signed by the Union of India and J&K,” Shah said.
The Bharatiya Janata Party believed the special status granted to J&K prompted separatist ideology, armed insurgency and dynastical politics in the region. (Wasim Nabi for VOA)
Hasnain Masoodi, former Chief Justice of the J&K High Court and a senior politician associated with the National Conference, told VOA that the Government of India “violated the constitution” when the special status of the region was revoked.
“The main argument of my petition is the unconstitutional nature of the revocation of Article 370 and Article 35(A). “The Court has the authority to set aside illegally taken decisions,” Masoodi said.
Mehbooba Mufti, President of the Peoples Democratic Party and former Chief Minister of Jammu and Kashmir, said in a recent article that in previous challenges to Article 370’s legality and continuation, the Supreme Court had made it clear that the provision, although temporary in nature, could not be removed unless recommended by the J&K constituent assembly for dissolution to the Indian president.
Mehbooba Mufti, the President of the Peoples Democratic Party and a former Chief Minister of J&K, addressing a press conference at her party office in Srinagar, July 6, 2023. (Wasim Nabi for VOA)
Raman Bhalla, a Jammu-based politician affiliated with the Indian National Congress, appreciated the decision made by the Supreme Court. Bhalla told VOA that the residents of J&K did not support the revocation of the region’s special status.
“We eagerly await the outcome of the verdict,” said Bhalla. “People of J&K are hopeful for the restoration of the special status, and we will honor whatever decision the Court announces,” he added.
In response to the ongoing developments Ashok Koul, the General Secretary of the BJP in J&K, told VOA that his party had been committed to repealing Article 370 and Article 35(A) since 1953.
He said that every individual has the right to approach the court if they believe there is a matter that needs to be challenged.
“We believe that both articles were enacted unlawfully,” Koul said. “The matter is currently under judicial consideration, and we are prepared to accept whatever decision the Court announces,” he added.