New Delhi, Dec 11.
The Supreme Court on Monday, went by government assurances that statehood status of the erstwhile state of Jammu and Kashmir sans Ladakh would be restored soon, to uphold the centre’s decision to strip the erstwhile state of its special status in the Indian union and reduce it to a Union Territory but asked the Election Commission to hold elections to the JK assembly by Sept 2024.
Buddhist dominated Ladakh would continue to be a Union Territory with the five-judge bench upholding the move to make it a centrally-administered territory. The bench led by Chief Justice of India D.Y. Chandrachud was dealing with a bunch of petitions filed by activists, JK residents and political parties, against the central government move to strip the former state of its special status.
Muslim-dominated JK’s special status was guaranteed at the time of the state joining the Indian union. The state had joined the Indian union after an attack from Pakistan in 1947 and was allowed to retain its own identity, flag and Constitution. This continued till the government decision to strip the state of the special status in Aug 2019.
That government move had been challenged in the top court.
Ruling on the complex legal issues involved, the top court said that the state retained no sovereignty and became an integral part of India after it joined the Indian union, that Article 370 was a temporary provision reflecting asymmetric federalism enjoyed by the state, and after its special status was taken away, was just like any other administrative unit in the state.
Every provision of the Indian constitution would now apply to JK, the court said. The power to strip the state of its special status and reduce it to a Union Territory was not malafide as it would, if such power were to be exercised with “intent to deceive”, it said.
The bench, which also included Justice Sanjay Kishan Kaul, Sanjiv Khanna, B.R. Gavai and Surya Kant, however, directed the Election Commission to hold elections to the Assembly of the UT of JK by Sept 30, 2024. Statehood would be restored at the earliest as soon as possible, it said.
Justice Kaul, who will be demitting office shortly, in his judgement lamented the plight of the people of Kashmir valley who have borne the brunt of violence in the former state.
He suggested the setting up of a Truth and Reconciliation commission to heal the people affected by violence in the former state since the 1980s when the minority Hindu pandits had to leave the valley. Justice Kaul is a pandit.
His judgement is remarkable as it speaks of human rights violations in the former state by both “state” and non-state actors. Rights violations by non-state actors is well-documented by counter-violence by state entities to keep militants and terrorists at bay is rarely talked about.
Such violations are often unacknowledged. Even if some of them have come to light and have been probed, very little action is taken against the guilty.
