In a significant development, the Supreme Court initiated the hearing of pleas challenging the ‘unconstitutional’ abrogation of Article 370 in Jammu and Kashmir by the Narendra Modi government in August 2019. This hearing comes four years after the government introduced sweeping administrative changes that stripped the erstwhile state of its special status and bifurcated it into two union territories.
National Conference leader Omar Abdullah and former Chief Minister Mehbooba Mufti have both urged the Supreme Court to deliver justice and correct what they perceive as wrongdoings against Jammu and Kashmir. During the hearing on Wednesday, lawmakers opposing the move presented their perspective to the Chief Justice and other members of a five-judge constitution bench.
The Supreme Court has scheduled the hearing on a day-to-day basis, except on Mondays and Fridays. The five-judge bench earlier stated its intention to thoroughly examine the case, emphasizing its importance to both Jammu and Kashmir’s Constitution and the country’s Constitution.
Omar Abdullah stated, “This is all about the Constitution, about the country’s and Jammu and Kashmir’s Constitution. Whatever happened on August 5, 2019, was against the constitution of the country and Jammu and Kashmir. We hope that the Supreme Court sees this from our perspective. We are talking about the Constitution and not its politics. This is a big issue for Jammu and Kashmir.”
Mehbooba Mufti highlighted the historical significance of Jammu and Kashmir’s association with India despite being a Muslim-majority state. She emphasized that the region had rejected the two-nation theory based on religion and joined hands with India, trusting the assurances granted under the Constitution. These guarantees, she emphasized, were not provided by China, Pakistan, or any neighboring country.
The abrogation of Article 370 was met with mixed reactions and had a profound impact on the region. Critics argued that it affected the special status of Jammu and Kashmir and raised concerns about its implications on the people’s rights and autonomy.
In late July, leaders of various political parties from the region expressed frustration over the delay in holding assembly elections and asserted that the Union Territory of Jammu and Kashmir cannot be effectively governed by a “remote control” from Delhi.
As the Supreme Court continues the hearing, the nation awaits the outcome, recognizing the significance of this case in shaping the future of Jammu and Kashmir and its constitutional standing within India.
