The Supreme Court of India has reserved its judgment in a pivotal case challenging the repeal of Article 370 of the Indian Constitution, which granted special status to the erstwhile state of Jammu and Kashmir. This move came after a 16-day-long hearing that featured extensive arguments from both petitioners and the Union government.
Five judges, including Chief Justice of India DY Chandrachud, presided over the proceedings, marking the end of a lengthy period of dormancy for this significant case.
The case, which commenced on August 2, 2023, saw thorough deliberations on the nature of Jammu and Kashmir’s historical relationship with India. Petitioners’ counsels, including senior advocates such as Kapil Sibal, Zaffar Shah, Gopal Subramanium, Rajeev Dhavan, Dushyant Dave, and Dinesh Dwivedi, presented their arguments during the initial nine days.
The petitioners emphasized that the erstwhile Maharaja of Jammu and Kashmir did not surrender the region’s internal sovereignty to the Dominion of India. This assertion challenged the government’s position that the abrogation of Article 370 aimed to address the ‘psychological duality’ experienced by the people of Jammu and Kashmir. Additionally, they argued that Article 370 was originally conceived as a ‘temporary’ provision by the framers of the Indian Constitution.
On the other side, the Union government, represented by Attorney General of India R Venkataramani, Solicitor General of India Tushar Mehta, and Additional Solicitor General KM Nataraj, defended the decision to repeal Article 370. They contended that the move was a response to a sense of discrimination against the people of the region and that the framers of the Indian Constitution intended for Article 370 ‘to die.’
Hasnain Masoodi, a National Conference leader and one of the petitioners challenging the abrogation, expressed satisfaction with the arguments presented. He noted that all aspects of the case had been argued convincingly.
The Supreme Court’s reserved judgment in this landmark case will have far-reaching implications for the region of Jammu and Kashmir and its constitutional status. As the legal community and the nation await the verdict, the implications of this decision on the region’s future remain a subject of considerable interest and debate.
The Chenab Times News Desk