December 11, 2023 will forever remain a historic day in the history of India, as the Supreme Court delivers a momentous judgment on the integration of Kashmir. Upholding the authority of the President of India and deeming Article 370 invalid, the Court’s decision puts an end to the long-standing debate surrounding the contentious article.
The repeal of Article 370 on August 5, 2019, was a cause for celebration for many, but doubts lingered about the potential legal challenges. These doubts were put to rest when 23 petitioners brought their case before the Supreme Court. With expeditious hearings and a swift judgment, the Court has delivered a victory for the people of India and confirmed the government’s decision to abrogate Article 370.
Speculation had been rife regarding the outcome of the judgment, with Farooq Abdullah and the People’s Democratic Party (PDP) predicting an adverse ruling on Article 370. However, the judgment is not just a victory for the ruling Bharatiya Janata Party (BJP), but a victory for the nation as a whole. The government, acting as a trustee of the people, had acted in the best interest of the majority by repealing Article 370.
From a national perspective, the Supreme Court’s judgment signifies the integration of Jammu and Kashmir into India. It provides the much-needed stamp of approval on the government’s actions and thwarts any threats from individuals or groups opposed to the repeal of Article 370. The Court echoes the sentiment that special status for Jammu and Kashmir is against the principle of equality enshrined in Article 14.
It is important to note that the Supreme Court’s judgment was not hasty. The Court thoroughly considered various aspects before reaching its decision. It recognized that Article 370 was intended for a transitional period and took into account the fact that Jammu and Kashmir had willingly surrendered its sovereignty. The Court also deemed the President’s move to abrogate Article 370 as not mala fide, dismissing any claims of ulterior motives.
Furthermore, the Court has directed the government to restore statehood to Jammu and Kashmir. The restoration is expected to take place when the conditions are conducive. In addition, the Election Commission has been instructed to conduct elections in the region by September 30, 2024, marking another step towards normalcy.
The judgment has garnered a range of responses from various stakeholders. Karan Singh, the son of Maharaja Hari Singh and the first Governor of Jammu and Kashmir, has welcomed the verdict, acknowledging the developments that have ensued since the abrogation of Article 370. Similarly, Uddhav Thackeray has expressed his support for the judgment, while the National Conference-People’s Democratic Party (NC-PDP) coalition displays disappointment.
In a resounding declaration, the Supreme Court has affirmed that Jammu and Kashmir is an integral part of India—a sentiment shared by the vast majority of Indians. Moreover, the Court emphasizes that not every action taken by the President can be contested.
The bottom line is clear—the Supreme Court’s decision validates the legal and valid nature of the abrogation of Article 370. With this landmark judgment, the integration of Jammu and Kashmir into India receives the highest court’s seal of approval, firmly establishing the irreversible path forward.
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