 |
|
The recent Supreme Court judgment upholding the abrogation of Article 370 has reignited discussions about the future of Jammu and Kashmir's political status. Notably, the judgment has offered a glimmer of hope to the National Conference (NC), a prominent political party in the region, which is advocating for the restoration of statehood. The court, while upholding the constitutional validity of the abrogation, has also directed the Union government to restore statehood to Jammu and Kashmir 'at the earliest and as soon as possible'. This directive is based on the repeated assurances made by the Union government in court that the statehood would be restored following elections. The judgment further mandated the Election Commission of India to conduct Assembly elections in Jammu and Kashmir by September 30, 2024.
However, the Supreme Court judgment has also left some crucial questions unanswered, highlighting the complexities surrounding the future of Jammu and Kashmir's status. While the court did not delve deeply into the issue of whether Parliament can convert a state into a Union Territory through its powers under Article 3, the judges noted that the Union's statement on restoring statehood had prevented them from exploring the matter further. The judges, in their concurring opinions, expressed concerns about the extent of Parliament's power in this regard, specifically regarding the ability to transform a state into a Union Territory 'in toto'. Despite these concerns, the court ultimately left the question open for future examination, acknowledging the need to consider the historical context and potential impact on federalism and representative democracy.
The Supreme Court's judgment, while offering some clarity, has further complicated the political landscape in Jammu and Kashmir. The NC, emboldened by the court's directive, is now pushing for the swift restoration of statehood, citing the judgment as justification for their demand. The Union government, however, maintains its position that the current Union Territory status is temporary and will be revisited after the elections. The future of Jammu and Kashmir's political status hinges on the implementation of the court's directives and the outcome of the upcoming elections. This decision will have a significant impact on the region's political, social, and economic future, making it a critical point in the ongoing dialogue about the state's status.
Source: NC’s push for restoration of J&K Statehood is backed by Supreme Court judgment