Constitutional crossroads: Supreme Court examines Article 370's repeal

New Delhi: The recent announcement by the Supreme Court to commence day-to-day hearings on the petitions challenging the abrogation of Article 370 has reignited discussions across the streets of Srinagar.

With Jammu and Kashmir-based newspapers and news websites buzzing with comments from mainstream political leaders, the prospect of reviving the state's former status has become a focal point of debate.

Mixed Reactions

Opinions on the matter are divided. While some mainstream leaders have welcomed the court's decision and demand an early resolution, political observers argue that four years have already passed since the abrogation of Article 370, and reversing the clock would not be advisable. They suggest that the priority should be to hold elections in the state and expedite the restoration of its statehood.

The Supreme Court's decision to hear the petitions on a day-to-day basis has been met with approval by regional political parties such as the National Conference, Peoples Democratic Party, and Peoples Conference. Former Chief Minister Omar Abdullah of the National Conference expressed confidence in the strength of their case for restoring Article 370, highlighting the delayed proceedings as evidence of its significance. while national political parties like Congress and AAP continue to remain observers on the issue without any comments so far.

Meanwhile, Mehbooba Mufti of the PDP welcomed the court's decision and criticized the lack of a logical explanation from the BJP-led Union government regarding the abrogation.

While BJP leaders and its allies in Jammu are confident that in no case the Article 370 can be restored as in one country there should be “one flag, one constitution.” Political observers said that it has already been four years since Article 370 was abrogated and the clock should not be reversed.

The development has instilled hope among the section of people of Jammu and Kashmir, as they have eagerly awaited a resolution for the past four years.

Senior Communist Party of India (Marxist) leader M Y Tarigami expressed his appreciation for the court's intervention, emphasizing the positive message it sends to the region.

While a section of people are confident that no change is going to take place and the final judgement which could be as soon as by the end of the current year, will be in favour of the abrogation of Article 370.

Understanding Article 370 and Its Significance

Article 370 granted the former state of Jammu and Kashmir a certain level of autonomy, including its constitution, a separate flag, and the freedom to enact laws. However, it maintained the central government's authority over foreign affairs, defence, and communications. This provision allowed Jammu and Kashmir to establish its regulations concerning permanent residency, property ownership, and fundamental rights, limiting the purchase and settlement of property by non-state residents.

The Scrapping of Article 370

The ruling Bharatiya Janata Party had long opposed Article 370, and its revocation was a key promise in their 2019 election manifesto.

The party argued that scrapping Article 370 was essential to integrate Kashmir into the rest of India. After returning to power, the government swiftly acted on its pledge. In an affidavit defending its decision, the government cited the return of near normalcy in the valley, showcasing a decline in unrest and highlighting achievements such as hosting international G20 tourism meetings.

Challenges to the Abrogation

Several petitions challenging the abrogation of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019 were referred to a constitutional bench in 2019. This renewed focus on Article 370 is expected to attract global attention to the Kashmir valley, capturing the interest of international organizations and developed nations monitoring the region's political landscape.

Legal experts anticipate that the day-to-day proceedings will expedite a decision by the Supreme Court, bringing closure to a case that has lingered for years together.

Conclusion

The Supreme Court's decision to commence day-to-day hearings on the petitions challenging the abrogation of Article 370 has once again ignited a contentious debate in Jammu and Kashmir.

With mixed reactions from political leaders, the proceedings are expected to shed light on the fate of Article 370. As the court delves into the case, the significance of this development extends beyond the borders of the region, captivating the attention of global observers and bringing to rest internally the issue once and for all.