MIAN TUFAIL
THE verdict of the Supreme Court on Monday validating the abrogation of Article 370 by the Indian Parliament has set a new precedence and brought a lease of life for the people of Jammu and Kashmir.
‘The article of exploitation’ had remained active for 75 years in the books of our Constitution, giving space to appeasement and separatism. This judgement of the Supreme Court made the article fait accompli and now, hopefully, a new political landscape will shape the future of Jammu and Kashmir.
The court held the Constitutional order that revoked Article 370, as valid. A five-judge Constitution bench, presided over by Chief Justice of India (CJI) D Y Chandrachud, had reserved its verdict on as many as 23 petitions on the matter on September 5 this year, after 16 days of hearings. The bench also comprised Justices S K Kaul, Sanjeev Khanna, B R Gavai and Surya Kant.
In the lead judgment, Chief Justice of India (CJI) D Y Chandrachud pointed out that J&K had divested itself of “any element of sovereignty” after the execution of the Instrument of Accession to the Union in October 1947. Justices Sanjay Kaul and Sanjiv Khanna concurred in their separate opinions. The special privileges of J&K as well as a separate Constitution were held to be a mere feature of ‘asymmetric federalism’ and not sovereignty.
CJI D Y Chandrachud said that Jammu and Kashmir held no internal sovereignty after accession to India. He said there was no prima facie case that the President’s 2019 orders were mala fide (in bad faith) or extraneous exercise of power. While the court said the re-organisation of the erstwhile state into Union Territory in 2019 was a temporary move, it directed the Centre for the restoration of Jammu and Kashmir’s statehood and for Legislative Assembly elections to be held by September next year.
The Centre’s move to remove the special status was clandestine. The Court did not favour the ingenious method of amending Article 367 and altering the definition clause in it by stating that the Constituent Assembly of Jammu and Kashmir would mean the ‘Legislative Assembly of Jammu and Kashmir’. However, in the end, the Court endorsed the Presidential decision to issue a notification putting an end to Article 370.
• How Article 370 and 35A bred hegemony and inequality?
The autonomy provided by Article 370 allowed a certain political elite in Jammu and Kashmir to wield considerable power without significant checks and balances. This could contribute to a form of political hegemony, where a few individuals or families dominated the political landscape to the detriment of a more inclusive and representative political system.
Article 35A allowed the Jammu and Kashmir state legislature to define permanent residents of the state and accord them special rights and privileges. This provision, while intended to safeguard the rights of the local population, led to a situation where certain communities were granted exclusive rights, contributing to inequality.
Article 35A also had implications for gender equality. It stipulated that a woman who married a non-permanent resident would lose her rights and privileges as a permanent resident, and her children would not be considered permanent residents. This provision was criticised for discriminating against women and perpetuating gender-based inequalities.
• Article 370: Emotional ploy in the hands of politicians
Article 370 was a political tool in the hands of both mainstream and separatist leaders here. Both would issue threatening statements towards the Union government against the tinkering. After the abrogation, separatism politics died down and mainstream saw a massive shift in its ideology. Now, the verdict by the top court has belied these parties’ hopes to befool people, and allow any political maneuvering by both BJP and regional parties to appease and emotionally deceive people. Article 370 remained a numerical figure and the whole consolidation was eradicated gradually by the regional and Union governments. It has hardly served the people of J&K and has just been an emotional entanglement.
Pandit Nehru had said, “Ghiste ghiste ghis jayega” – meaning Article 370 would die its natural death. The consecutive governments realised the hindrance it caused and the laws were implemented in Jammu and Kashmir while bypassing the rulings of Article 370. Implementation of GST tax and bringing Jammu & Kashmir Bank under the purview of RBI are some of the main assaults on Article 370.
Were the regional leaders really serious about not allowing outsiders to settle in J&K? No, there are hundreds of laws and rules which were evoked by previous state governments in which land was offered to non-state subjects on lease for indefinite period. These land holders used our land for commercial purposes. Like, hotels of Srinagar and Gulmarg are hardly owned by the locals; the previous governments had handed these luxury establishments into the hands of non-State subjects to earn more monetary value.
Despite the lease being on for decades, there was no demographic change in Kashmir as threatened by the leaders like Mehbooba Mufti. The bond between locals and tourists are praised worldwide. The political ploy under the garb of Article 370 is gone now. It has sent shivers in the shackles of political fiefdom here. Inefficient politicians are worried here after the ruling of Supreme Court. They have nothing to sell to the people except sentimental dramas. Their inefficiency can be gauged from the fact that a top leader has announced the intention to stay away from public life for some time in order to come to terms with the new reality. These rulers could not deliver good governance during their regimes and there are hundreds of corruption and embezzlement cases pending against them in the court rooms.
Mehbooba Mufti, who is vocal and has shown disappointment over the verdict of the Supreme Court, is actually trying to pass her political crown into the hands of her daughter Iltija Mufti and that is the reason why she appeals to people to fight and resist the moves of the Union government. Likewise is the case with the father-son duo of National Conference.
Today, nobody remembers what Article 370 was. The transformation in Jammu and Kashmir is real and unambiguous. Kashmir has changed vastly over a few years. Law and order, economy, peace, good governance, grass root democratisation, infrastructural development and grievance redressal are the hallmarks of the new Union Territory. Hotels have lined up, job recruitments have geared up, cities like Srinagar wear a new look and the transformation is fantastic. Kashmir has moved on. The politics of exploitation has been shown the door and a bright future awaits our future generations.
