Annisa Essack | kzn@radioislam.org.za
December 11, 2023, | 11:00 CAT
2 min read

Photo Credit: India Map

In a landmark decision on Monday, India’s Supreme Court upheld the 2019 move by Prime Minister Narendra Modi’s government to revoke the special status of Jammu and Kashmir. This disputed region had enjoyed semi-autonomous status with its constitution and protections on land and jobs.

The five-judge constitutional bench ruled that the region’s special status was deemed a “temporary provision” and justified the constitutional validity of its removal in 2019. This unprecedented decision divided the region into two federal territories, Ladakh and Jammu-Kashmir, both now governed directly by the central government without their legislatures. Consequently, appointed officials currently administer the Muslim-majority region, losing its distinct flag, criminal code, and constitution.

Chief Justice Dhananjaya Yeshwant Chandrachud acknowledged the government’s commitment to restoring Jammu-Kashmir’s statehood and urged prompt action. However, Ladakh will continue to function as a federal territory. The Chief Justice further directed the election commission to organise local legislative polls in the region by September 30 next year.

The ruling will impact the electoral landscape, potentially favouring Prime Minister Modi’s governing Bharatiya Janata Party (BJP) in the upcoming national polls. The 2019 decision resonated widely in India, where supporters applauded the government for fulfilling a long-standing Hindu nationalist pledge to abolish the special status of the Muslim-majority region.

However, the judgement is likely to disappoint many in Kashmir, particularly the region’s pro-India politicians who had petitioned the Supreme Court to reverse the controversial decision. The move was imposed amidst an unparalleled security and communication clampdown that lasted for several months, further fuelling discontent in the region.

The Supreme Court’s hearings, which commenced in August, involved extensive deliberations on the constitutional validity of the government’s decision, reflecting the complexity and sensitivity of the issue. The decision underscores the ongoing tension between preserving national unity and India’s desire for regional autonomy.