In a landmark decision, the Indian Supreme Court on Monday upheld the central government's decision to abrogate provisions of Article 370 that granted special status to the erstwhile state of Jammu and Kashmir, much to the chagrin of Pakistan. Now, China has also responded to the verdict, calling for a peaceful resolution of the Kashmir conflict.
Responding to the verdict, Pakistan said that the Supreme Court verdict had "no legal value". The Centre on August 5, 2019, abrogated the provisions of Article 370 of the Constitution, which India's apex court said was "constitutionally valid". The court also instructed for immediate statehood and steps to be taken for elections to be held in J-K by September next year.
Responding to a Pakistani journalist seeking China's reaction to the issue, Chinese Foreign Ministry spokesperson Mao Ning said, "On the Kashmir issue, China's position is consistent and clear cut... The Kashmir issue, left from the past, needs to be resolved peacefully and appropriately in accordance with the UN Charter, Security Council resolutions and relevant bilateral agreements."
“Parties concerned need to settle the dispute through dialogue and consultation so as to maintain regional peace and stability,” she said. This comes amid India's own problems with China, an all-weather friend of Pakistan, over the dragging military standoff in the Line of Actual Control (LAC).
What does the SC verdict say?
A five-judge Constitution bench headed by Chief Justice DY Chandrachud delivered the apex court verdict. The court in a unanimous judgment said the President's order to scrap Jammu and Kashmir's special status is constitutionally valid.
"We direct that steps shall be taken by the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir constituted under Section 14 of the Reorganisation Act by 30 September 2024. Restoration of statehood shall take place at the earliest and as soon as possible," the CJI said.
Writing the judgement for himself and Justices Gavai and Surya Kant, CJI Chandrachud said that Article 370 of the Constitution was a temporary provision and the president has the power to revoke it. The petitioners argued that the Parliament can only make the law-making powers of the State when the Presidential rule is in force is 'not accepted', said the CJI.
"Every decision taken by Union on behalf of State during Presidential rule not open to challenge. This will lead to the administration of the state to a standstill. Whether the Presidential Proclamation valid. The court need not adjudicate on this since the petitioners did not challenge it. And in any case, it was withdrawn in Oct 2019," the CJI said.
He further said that the state of Jammu and Kashmir became an integral part of India is evident from Articles 1 and 370 of the Constitution of India and that the constitutional set-up did not indicate that Jammu and Kashmir retained sovereignty.
"There is a clear absence in the Constitution of Jammu and Kashmir to the reference of sovereignty. The Proclamation of Maharaja stated that the Constitution of India will supersede. With this, the para of Instrument of Accession ceases to exist. Whether Jammu and Kashmir retained an element of sovereignty or internal sovereignty when it joined the Union of India. We have held no," he added.
Lawyers dwelt on various issues, including the constitutional validity of the Centre's decision to abrogate the provisions of Article 370, the validity of the Jammu and Kashmir Reorganisation Act, which split the erstwhile state into two Union territories, challenges to the imposition of the governor's rule in Jammu and Kashmir on June 20, 2018 and the imposition of the president's rule on December 19, 2018 and its extension on July 3, 2019.
PM Modi's reaction
Prime Minister Narendra Modi hailed the verdict, stating that a new Jammu and Kashmir has been born after this decision. Meanwhile, Union Home Minister Amit Shah also hailed the SC's decision and said that the bonds of unity have strengthened, and integrity with Bharat stands reinforced.
"Today's Supreme Court verdict on the abrogation of Article 370 is historic and constitutionally upholds the decision taken by the Parliament of India on 5th August 2019; it is a resounding declaration of hope, progress and unity for our sisters and brothers in Jammu, Kashmir and Ladakh. The Court, in its profound wisdom, has fortified the very essence of unity that we, as Indians, hold dear and cherish above all else," said the Prime Minister on X.
He further said, "The verdict today is not just a legal judgment; it is a beacon of hope, a promise of a brighter future and a testament to our collective resolve to build a stronger, more united India."
(with inputs from agencies)
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