Kashmir:
The Indian Supreme Court in a unanimous verdict on Monday upheld the Modi government’s 2019 decision to abrogate Article 370, revoking the special status given to occupied Kashmir. The Times of India,
The court directed the Election Commission to hold elections in the Indian illegally occupied territory of Jammu and Kashmir (IIOJK) by September 30, 2024.
In 2019, the ruling Bharatiya Janata Party (BJP) revoked the special status of occupied Kashmir by abrogating Article 370 of the Constitution. In an effort to keep the state from being overwhelmed by people from the rest of India, the law reserved not only state government jobs as well as college places for residents.
This article further restricted the right of the Indian Parliament to make laws in the field, except defence, foreign affairs and communications.
However, its revocation enabled people from other parts of India to buy property and settle permanently in Kashmir.
Critics, including Kashmiris, international organizations, and opponents of India’s Hindu nationalist-led government, saw the decision as an attempt to replace Kashmir’s Muslim-majority demographics with Hindu residents.
Today’s direction from the court was part of its ruling on petitions challenging the revocation of ILOJK’s special status.
A five-judge bench led by Chief Justice of India DY Chandrachud had reserved its verdict on September 5 on whether the move was legal despite the lack of support from Parliament, usually required for a constitutional change.
The unanimous order by a panel of five judges came in response to over a dozen petitions challenging the revocation and the subsequent decision to divide the territory into two federally administered territories, while on the other hand, the central government had withdrawn its action. Had defended. Claiming that there was no “constitutional fraud” in striking down the provision.
Criticism began claiming that media freedom and public protests had significantly decreased since the decision regarding the legality of the move, with authorities tightening control.
Reading The fate of Kashmir depends on the decision of the Indian Supreme Court
However, Prime Minister Narendra Modi’s government defended the move, saying it had brought “peace, progress and prosperity” to the region.
The decision taken today to maintain the suspension of the special status sets the stage for elections in the region following a controversial move by the government to align more closely with India, which is based on Modi’s nationalist Bharatiya Janata Party (BJP). was taken in line with a major long-term promise of. ,
The decision is a blow to the government ahead of the general elections in May.
The challengers said that only the Constituent Assembly of the IIOJK could decide on the special status of the Sundar Mountain Region, and they also challenged whether the Parliament had the power to revoke it.
The court said that special status is a temporary constitutional provision which can be revoked by the Parliament. It also ordered that the Union Territory should come back as a state as soon as possible.
It should be noted that India’s only Muslim-majority region, IIOJK has been the center of hostility with neighboring Pakistan for more than 75 years since the birth of both the countries after independence from British colonial rule in 1947.
The region is divided between India, which rules the populous Kashmir valley and the Hindu-majority region of Jammu, Pakistan, which controls a portion of the region in the west, and China, which controls the sparsely populated high altitudes in the north. Controls the area.
Series of actions in IIOJK
In 2019, Home Minister Amit Shah had told Parliament that the President had signed a decree abrogating Article 370 of the Constitution, which gave special autonomy to the Muslim-majority Himalayan region.
Indian media had said that Occupied Kashmir and Ladakh would now be Union Territories with legislatures.
Following the revocation, Modi held a security cabinet meeting, hours after which his government ordered a lockdown in occupied Kashmir, cutting phone and internet links and placing local politicians under house arrest.
New Delhi had claimed that the widespread restrictions, enforced by thousands of military forces, were needed due to the “prevailing law and order situation”.
All phones, internet services and cable networks were shut down at midnight in the area of more than seven million people after days of rising tensions.
Only residents with “curfew passes” were allowed on the streets and he ordered thousands of tourists out of occupied Kashmir, saying there was a risk of terrorist attacks.
At the same time in IIOJK, around 80,000 paramilitary forces were sent to Kashmir.
The United Nations (UN) has expressed concern over this step of India.
The IIOJK, a UN-recognised disputed territory, faced concern in 2019 from the UN Secretary-General, who had ‘always’ said that Pakistan and India should resolve all pending disputes between the two countries through dialogue, including Kashmir. should be solved.
United Nations Secretary-General Antonio Guterres had also urged both neighbors to exercise restraint.
Shortly before the disengagement, the United Nations Military Observer Group in India and Pakistan (UNMOGIP) had also observed and reported increased military activities along the Line of Control (LOC).
