by Raashid Andrabi
SRINAGAR: Kashmir leaders have taken a strong exception to the arguments that the BJP-led central government has submitted to the Supreme Court in anticipation of the hearing after four years. The government has submitted that the reading down of Article 370 has led to “significant developments” including the drastic reduction of stone-pelting incidents from 1767 in 2017 to zero in 2023.
The government has strongly defended the abrogation, stating that the entire region, including Ladakh, has experienced an unprecedented era of peace and development. They consider this move a historic step that has brought stability, peace, development, and security to Jammu and Kashmir. According to the Ministry of Home Affairs, Jammu and Kashmir has endured the devastating impact of militancy for the past three decades.
These are definitely political arguments the BJP/Union Govt can make to sell their decision to the voter but they are not legal arguments. The entire case in the SC is about the illegality & unconstitutionality of what was done on 5th Aug 2019, not whether the Govt has a strong… https://t.co/NvLsKPmtEq
— Omar Abdullah (@OmarAbdullah) July 10, 2023
“These are definitely political arguments the BJP/Union Govt can make to sell their decision to the voter but they are not legal arguments,” former Chief Minister, Omar Abdullah said. “The entire case in the SC is about the illegality & unconstitutionality of what was done on 5th Aug 2019, not whether the Govt has a strong enough political case.”
The Centre’s defence lacks logic to back it’s decision of the illegal & unconstitutional abrogation of Article 370. Brute majority was used to subvert the Indian constitution that extended guarantees to the people of J&K & GOI also violated earlier rulings of Hon’ble SC which… https://t.co/DbSO1fracm
— Mehbooba Mufti (@MehboobaMufti) July 10, 2023
Omar’s colleague and former Chief Minister Mehbooba Mufti also criticised the Centre’s decision saying the defence lacks logical justification for unlawfully and unconstitutionally revoking Article 370. “The Centre’s defence lacks logic to back its decision of the illegal & unconstitutional abrogation of Article 370,” Ms Mufti said. “Brute majority was used to subvert the Indian constitution that extended guarantees to the people of J&K & GOI also violated earlier rulings of Hon’ble SC which held that only J&K’s constituent assembly could recommend the removal of Article 370 to the President of India. Drum beating about an enforced silence & so called grassroots democracy can’t be used to justify constitutional hara-kiri.”
People’s Conference President Sajad Gani Lone also took to Twitter, stating, “Perhaps one of the biggest challenges facing the institution of judiciary is how they deal with Article 370. Per se the affidavit filed by the Central government focuses on issues post abrogation. What will eventually be discussed in the court is the legal pathway to abrogation, not the so-called perceived political or law and order benefits post abrogation. Whether abrogation of Article 370 is good or bad for J and K is not what the Apex court has to decide. They have to decide whether it was good or bad in law.”
https://twitter.com/sajadlone/status/1678477382825676800
“Article 370 has been slandered, defamed beyond recognition. The reality as it exists is that Article 370 is a form of federalism, a power-sharing arrangement. Mark my words. Clamor for federalism will grow every passing day. The biggest threats facing the country today are the attacks on its federal structure—the slow march of the central government and the trespass onto the power of the state governments. Loose federalism is a reality and will be the most talked-about political concept across the world in the coming decades,” he added.
The Supreme Court’s likely to hear a number of petitions challenging the reading down of Jammu and Kashmir’s special status. The hearings are likely in August. The government, in anticipation of the hearing, has submitted its justification, according to reports appearing in the media.
The government has highlighted “positive changes” in the region, noting that in 2018, there were 52 instances of bandhs and hartals lasting several days, whereas in 2023, there have been no such occurrences. This outcome, as per BJP is attributed to the effective anti-militancy actions taken, which have dealt a severe blow to their ecosystem. Centre has also claimed that militant recruitment has significantly decreased, with the number dropping from 199 in 2018 to 12 in the present year.
BREAKING: Centre defends Article 370 abrogation in fresh affidavit in Supreme Court, says move has brought in
– Unprecedented stability and progress
– Normalcy, with strikes, school closures and stone pelting being a thing of the past; 0 stone pelting incidents this year
-… pic.twitter.com/vSEaMTTe3p— Bar & Bench (@barandbench) July 10, 2023
Furthermore, the affidavit mentions various schemes launched in the valley to improve the well-being of the public. A substantial budget of Rs 28,400 crore has been allocated for industrial development in the region, and proposals worth Rs 78,000 crore have been received for investment in the Valley, the Centre has stated.
The submission by the central government follows the establishment of a five-judge bench by the Supreme Court to address the petitions challenging the abrogation of Article 370 and the revocation of the special status of Jammu and Kashmir. These petitions were initially filed in 2019 but have not been heard since 2020. The case will now be taken up by the five-judge bench, led by Chief Justice of India DY Chandrachud.
Pertinently, on August 5, 2019, the Narendra Modi government nullified the special status of Jammu and Kashmir, previously granted under Articles 370 and 35A of the Constitution, and divided the region into two Union Territories: Jammu and Kashmir, and Ladakh. Subsequently, several political parties challenged this decision in the Supreme Court.
The petitioners, in this case, include political parties from Jammu and Kashmir who argue that the Centre has shown disinterest in expediting the hearing of the case. Former J&K Chief Minister Omar Abdullah has voiced concerns, claiming that the BJP government is reluctant to have the petitions challenging the validity of Article 370’s revocation heard in the Supreme Court, as it would be challenging for them to defend the abrogation.
