India Supreme Court Upholds Stripping of Kashmir Special Status

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Facts

  • India's Supreme Court has ruled that a 2019 law revoking Article 370 — which stripped the state of Jammu and Kashmir of its semi-autonomous status — is constitutional, meaning New Delhi can bring the region under the direct control of the federal government. Before Prime Minister Narendra Modi's Bharatiya Janata Party (BJP) revoked the law, Jammu and Kashmir were given special rights not afforded to other Indian states. 1
  • The five-member court, led by Chief Justice D.Y. Chandrachud, ruled unanimously that the law passed in 1947 following India's independence from the UK was only meant to be temporary during wartime. India went to war with Pakistan shortly after its independence, and Pakistan has claimed the region as its own ever since.2
  • Under the special status, Kashmiris were able to own property and obtain government jobs and scholarships; Kashmir also had its own constitution that superseded most federal laws, and people from outside the state were not allowed to be property holders. After the BJP's revocation, the federal government divided the populace of 12M residents into two union states.3
  • The chief justice wrote that "The state of Jammu and Kashmir does not have internal sovereignty different from other states," with Justice SK Kaul adding a recommendation that an "impartial truth and reconciliation commission" be set up in Kashmir to investigate human rights violations by both "state and non-state actors" a decades-long period. Since the ruling, security has been bolstered in the region.4
  • While the ruling is a win for the Hindu nationalist BJP, Kashmiri political leaders, who have reportedly been under house arrest since 2019, have decried the decision. Former Chief Minister, Mehbooba Mufti, called it "unjust, illegal, and unconstitutional" as well as a "death sentence" for both the state and "the idea of India." 1
  • Meanwhile, Jammu and Kashmir's current Lt. Gov. Manoj Sinha called the claims of house arrest of any political officials "baseless rumors." 2

Sources: 1Guardian, 2Wall Street Journal, 3Sky News, and 4BBC News.

Narratives

  • Narrative A, as provided by Al Jazeera. This is yet another attack on Muslim rights and the region's autonomy by Prime Minister Modi's government. Jammu and Kashmir had already been stripped of the right to decide laws on defense, finance, foreign affairs, and communications for seven decades, and now progress has been rolled back even more. This defeat must be harnessed into political action.
  • Narrative B, as provided by The Indian Express. As the court stated, the special status of Jammu and Kashmir was always temporary, and the region's temporary status continued for far too long. A country operating under two flags and two constitutions is destined to become weak and vulnerable, which is why the region has been undermined by Pakistani-led meddling and terrorism for years. Under the protection of New Delhi, both Hindus and Muslims alike will see a boon to the local economy.
  • Nerd narrative, as provided by Metaculus. There is a 45% chance that there will be a non-BJP Prime Minister of India before 2030, according to the Metaculus prediction community.