December 12, 2023

The Supreme Court's Decision on Jammu and Kashmir

The Supreme Court has decided in favor of the Indian government's action and the abrogation of Article 370 in Jammu and Kashmir, removing its special status, and reorganizing it into two separate union territories.

[0:00:53] - History of Jammu and Kashmir

  • Jammu and Kashmir was ruled by Maharaj Hari Singh, who signed the instrument of accession to join India in 1947.
  • Special privileges for the people of Jammu and Kashmir included the right to buy property and rules against the sale of land to outsiders.

[0:03:17] - Reorganization of Jammu and Kashmir

  • On August 5th, 2019, Article 370 was amended through a presidential order, removing the special status of Jammu and Kashmir and reorganizing it into two separate union territories.
  • Various matters regarding the reorganization were brought before the Supreme Court after 4 years of litigation.

[0:04:10] - Key Questions Raised Before the Supreme Court

  • The Supreme Court addressed the status of Jammu and Kashmir's permanence, the action of the President of India, and human rights violations in the region.

[0:06:01] - Supreme Court's Decisions

  • The Supreme Court ruled that Jammu and Kashmir is not a separate sovereign entity and that Article 370 was a temporary provision.
  • The government of India has the power to revoke Article 370, and the status change to a union territory is considered valid.
  • The court directed the government to conduct elections for the state by September 2024 and restore its statehood as soon as possible.

FAQs

Is Jammu and Kashmir a separate sovereign entity?

  • No, the Supreme Court ruled that Jammu and Kashmir is not a separate sovereign entity, and it is part of India.

What actions did the Supreme Court take regarding human rights violations?

  • The Supreme Court directed a separate study and investigation into any human rights violations in Jammu and Kashmir.

What directives did the Supreme Court give to the government regarding statehood restoration?

  • The government was directed to conduct elections by September 2024 and restore Jammu and Kashmir's statehood as soon as possible.