Understanding Article 370: Verdict on Kashmir’s Constitutional Autonomy

Web DeskDecember 11, 20235976 min
Understanding Article 370: Verdict on Kashmir's Constitutional Autonomy

The Indian government’s revocation of constitutional autonomy in Indian-occupied Kashmir four years ago reshaped the region’s political landscape. Recently, the country’s top court rendered a significant verdict validating this unilateral move.

The 5-judge constitution bench’s ruling on the 2019 abrogation of Article 370 stripped the Muslim-majority state of its special rights and constitutional entitlements.

Article 370, once a temporary provision, granted special status to the Indian Illegally Occupied Jammu and Kashmir (IIOJK), a focal point in the court’s decision.

Read more:UAE Recognizes Gilgit-Baltistan and Kashmir as Part of India in G20 Summit Video

While perceived by some as a favorable decision towards the Modi-led nationalist party, the court’s ruling also mandated steps for Kashmir assembly elections by September 30, 2024, stressing the urgent restoration of statehood.

Addressing petitions challenging the Article 370 revocation, the court claimed the occupied Himalayan region had integrated into India, citing constitutional evidence.

The Modi government’s repeal of Article 370 immediately allowed Indian citizens to purchase land in the contentious Muslim-majority region, sparking widespread debate and unrest.

This decision rendered all clauses of Article 370 inapplicable to Jammu and Kashmir, triggering significant controversy. The resolution introduced aimed to ‘reorganize’ the state’s status.

Article 370 provided temporary provisions, granting Jammu and Kashmir special autonomy, but a presidential proposal could nullify these provisions.

Proposed after a critical Union Cabinet meeting in New Delhi, this development followed the 2019 lockdown in IIOJK, detentions of Hurriyat leaders, and escalated tensions post-Indian troop deployment.

Pakistan’s response included severing diplomatic ties with India, condemning alleged human rights violations and the regime’s actions in the region.

The dispute over divided Kashmir continues to be a major obstacle in India-Pakistan relations, shaping a complex geopolitical landscape in the region.

 

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