Editorial: Judicial nod for Mission Kashmir

The BJP govt can no longer delay implementation of the twin promises: restoring statehood and holding elections

The Constitution bench of the Supreme Court unanimously upholding abrogation of Article 370 is a welcome development that finally brings closure to the contentious debate over revoking the special status for Jammu & Kashmir. The elaborate ruling, given by the five-judge bench, comes as an endorsement of the policy for total integration of Jammu & Kashmir with the rest of the country by removing all political and constitutional impediments. While the NDA government can now justifiably feel vindicated by the apex court’s judgement, it can no longer delay implementation of the twin promises it made in the past: restoring statehood and holding elections. The court wanted restoration of the statehood ‘as early as possible’ and directed the Election Commission to hold polls by September next year. The top court rightly described Article 370 as a feature of asymmetric federalism and observed that the Article was only a temporary provision due to the war conditions in the State. J&K did not retain any element of sovereignty after its accession to India in 1948. Upholding the August 2019 order revoking the special status, the court held that it was not a sudden decision but the constitutional integration of J&K was an ongoing process over the years. The exercise of Article 370(1) shows that the State had undergone gradual integration with the union since 1948. Significantly, the bench also upheld that J&K does not have internal sovereignty that is different from other States of the country.

The court also rejected the argument of the petitioners that the Centre cannot take actions with irreversible consequences in the State during Presidential rule. The moot legal question before the court focused on the procedure adopted to repeal Article 370 and bifurcate the State into two union Territories of J&K and Ladakh. Now that the highest court of the land has upheld the monumental move, the Centre should focus on providing genuine empowerment to the people, employment opportunities for the youth and avenues for all-round development. The gains from the nullification of Article 370 cannot fully materialise unless Kashmiris are made stakeholders in the development narrative. Political polemics apart, the harsh reality is that the border State has remained untouched by industrial development and suffered due to growing unemployment and rampant corruption while a handful of political dynasties benefited from the special status by harping on identity politics and whipping up passions. The sense of alienation among the youth, due to the lack of opportunities for upward mobility, became the fuel for the Hurriyat parties to keep the Azadi pot burning. The resumption of the long-delayed democratic process could serve as an effective antidote to the rise of militancy in the Valley. The common people of the State deserve a better deal and fair share in the prosperity and development like their counterparts in other States.

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