India: Top Court to Hear Pleas on Article 370 Removal in Kashmir

Facts

• The Indian Supreme Court on Tuesday scheduled day-to-day hearings concerning petitions to overturn a government move to revoke the Indian-administered Kashmir's special status. The status had been set to be overturned from August 2.¹
• A five-judge bench led by Chief Justice D. Y. Chandrachud will hear 23 different petitions challenging the changes made to Article 370, which date back to a decision made in 2019. The court will direct all parties to submit their written evidence by July 27.²
• This particular constitutional article had granted special status to the state of Jammu and Kashmir, but the Modi government reorganized it into two union territories, Jammu and Kashmir, and Ladakh.³
• In an additional affidavit filed on Monday, the Indian government claimed that this move led to 'unprecedented development, progress, security and stability' in the region.³
• Leaders in Jammu and Kashmir, however, argue that this document is more political than legal, stressing that the move was illegal and unconstitutional under earlier Supreme Court rulings which held that only the local constituent assembly could recommend the removal of Article 370 to the President of India.⁴
• No assembly election has been held in the region since the President's Rule was imposed, due to a hung state assembly in June 2018. The case was previously heard by a different five-judge bench in March 2020, which refused to refer the matter to a larger seven-judge bench.⁵

Sources: ¹Al Jazeera, ²The times of india, ³The indian express, ⁴Outlookindia and ⁵Ndtv.com.

Narratives

• Narrative A, as provided by Dawn.com. The Supreme Court must reverse the Indian government's unlawful decision to strip Kashmiris of their special autonomy and history. The words of Article 370 are very clear that it cannot be made redundant by any branch of the state. The decision in 2019 is a blot on the Indian constitution, and the Supreme Court must take a stand against the Modi government's attempt to undermine Indian law.
• Narrative B, as provided by News18. Thanks to Modi and his decision to remove Article 370, peace currently exists in Jammu and Kashmir. Security has been fortified and the frequency of terrorist incidents has dwindled. It is only because of Modi and his politicians' considered governance that the nightmares of the previous decades have been shattered, and the regions are now able to develop and progress.

Predictions