In 2023, the Supreme Court of India unanimously upheld the validity of the Centre’s 2019 decision to abrogate Article 370 of the Constitution from Jammu and Kashmir12. This decision marked a significant milestone in the history of the region and the nation.
Table of Contents
Historical Background – Article 370
On October 17, 1949, Article 370 was added to the Indian constitution as a “temporary provision.”’ It exempted Jammu & Kashmir, permitting it to draft its own Constitution and restricting the Indian Parliament’s legislative powers in the state3. J&K had acceded to India in respect to only defence, foreign affairs, and communications.
The Abrogation
On August 5, 2019, the Government of India issued the Constitution (Application to Jammu and Kashmir) Order, 2019, making modifications in Article 370 itself3. This decision led to the abrogation of The Article and the bifurcation of the erstwhile state of Jammu & Kashmir into two Union Territories – Jammu & Kashmir and Ladakh.
The Aftermath
Reactions to the repeal of The Article were not uniform. The Union Home Minister argued that Article had only led to corruption and secessionism, and its removal was very important to end terrorism in J&K3. However, the decision also sparked debates about the legislature’s power to recommend abrogation of Article 370 as per the J&K Constitution.
The Verdict
In 2023, the Supreme Court upheld the validity of the abrogation of The Article. The court’s decision was based on a thorough analysis of the constitutional provisions and the historical context of Jammu and Kashmir.
Conclusion
The abrogation of Article 370 and the subsequent Supreme Court verdict in 2023 have undeniably altered the political landscape of Jammu and Kashmir. As the region navigates its new status, the hope is for peace, stability, and prosperity to prevail.