The Supreme Court has upheld the central action of cancelling Article 370 of the Constitution, which ensured special status to Jammu and Kashmir and many rights not available to other states. A five-member constitution bench headed by Chief Justice DY Chandrachud opined that this is a constitutionally valid action. The decision taken four years ago by the second Modi government had created a huge debate in the country. The political battles over this continue even today.

As Prime Minister Narendra Modi has remarked, the verdict from the Supreme Court is historic no matter whatever way you look at it. It was ironic that a state with special status and powers existed for decades within the sovereign nation of India. The special status and powers were granted to Jammu and Kashmir by the early Central Government because of the unique situation that existed there back then. The observation of the Constitution Bench that, no one can demand that all that should continue as long as the country of India exists since all that was allowed back then, is very relevant in the present situation.

The Center decided to abrogate Article 370 with the intention of dividing Jammu and Kashmir and introducing a new rule. The decision was approved by Parliament. It is reasonable that the Court refused to interfere with this decision taken by the Center and the Parliament. The insistence of some people that Kashmir should be given the status and special powers that other states do not have cannot be accepted. In a sovereign country, all states should be treated equally. It can be said that the country works in true unity only when Jammu and Kashmir remains a part of India and the laws applicable to other states also apply there.

Parliament has the sovereign power to amend and even repeal articles of the Constitution. Undoubtedly, the Supreme Court has upheld the sovereignty of the Parliament in all respects through this judgment. Any administrative action aimed solely at the unification of the country should be welcomed. Everyone knows the reality of how much chaos Kashmir was plunged into by the separatist activities. It was through the bold action taken by the Center that the situation began to change to a large extent.

Although terrorists and subversive forces, individually and collectively, are still waging violence in Kashmir, everyone knows how much things have changed from the situation four years ago. Many sowed the seeds of separatism in Kashmir and reaped the political harvest from it for years. Major parties in Kashmir were among those who reached the Supreme Court questioning the central action. In any case, with the Supreme Court upholding the integrity and sovereignty of the country without a doubt, efforts to keep Kashmir as a political issue have suffered a major setback.

Although the Supreme Court upheld the abrogation of Article 370, the Center has been directed to restore statehood to Jammu and Kashmir. The state assembly elections should also be held before September 30. Although three separate judgments came from the five-judge bench, it is noteworthy that all five judges agreed with the central action of repealing Article 370. Justice Kaul, a member of the bench, referred to the plight of Kashmiri Pandits who were driven out of Jammu. The Pandits had to face a communal calamity which did not occur even during the partition of India. Justice Kaul has also directed a special inquiry into human rights violations in the state after 1980.

Anyone can understand the dismay and anger of the political leaders of Kashmir over the Supreme Court verdict. They see this as an unacceptable fate for the people of Kashmir. However, the vast majority of people in the country who are capable of thinking are happy with the verdict.