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regular-article-logo Friday, 17 May 2024

Task cut out: Editorial on SC upholding abrogation of Article 370 in J&K and the challenge for BJP

What would come as a challenge for BJP though is SC's welcome fixture of a timeline for the assembly elections; it has also asked for the restoration of J&K's statehood at the earliest

The Editorial Board Published 12.12.23, 07:34 AM
Narendra Modi

Narendra Modi File photo

The decision by a Constitution bench of the Supreme Court to uphold the Narendra Modi government’s abrogation of Article 370, which bestowed a special status on the former state of Jammu and Kashmir, would undoubtedly come as a shot in the arm for the ruling Bharatiya Janata Party. After all, the abrogation of Article 370 — a central element of the BJP’s political manifesto — had not adhered to a consultative process; its dismantling had also been followed by a harsh security clampdown in Kashmir. The motive and the modus operandi of the abrogation had unsurprisingly been challenged in court by several petitioners. The highest court’s reading of these contentious matters has been revealing. It observed that the internal sovereignty of the erstwhile state of Jammu and Kashmir was not different from the other states of the Union and stated that the president had the power to revoke the said Article that was a temporary provision. Intriguingly, it also added that the principles of consultation and collaboration were not required to be followed for the exercise of presidential power. It is to be hoped that this reasoning is not cited as a precedent by governments with brute electoral majorities to infringe upon India’s federal edifice that is under strain. The advocacy of a Truth and Reconciliation Commission by one of the judges also assumes significance for a region that has been left bloodied by the violence of State and non-State actors.

What would come as a challenge for the BJP though is the Supreme Court’s welcome fixture of a timeline for the assembly elections; it has also asked for the restoration of Jammu and Kashmir’s statehood at the earliest. The BJP’s performance in these polls, especially in the Valley, could be a bellwether to gauge the people’s verdict on the matter — a verdict that should have the highest accord in a democracy. Already, the prime minister’s ‘Naya Kashmir’ rhetoric has come under duress — militancy is yet to be rooted out, as is evident from the targeted killings of civilians; the delimitation exercise aimed at redrawing the boundaries of legislative and Lok Sabha constituencies has led to charges of demographic transitions; civil liberties continue to be curtailed; Kashmir’s economic potential remains unrealised; even the Pandit community is said to be unhappy with the BJP’s failure to rehabilitate it. Now that the apex court has upheld the Centre’s annulment of Article 370, Mr Modi’s regime has its task cut out to match its deeds with its words.

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