Kashmir, India’s Supreme Court Upholds Abolition of Autonomy

In 2019, Narendra Modi's government revoked the constitutional clause that granted autonomy to the region and divided Ladakh

The Supreme Court of India has upheld the abolition of Article 370 of the Constitution, which guaranteed autonomy for the state of Jammu and Kashmir.

Thus, it confirmed the decision of the Narendra Modi’s government, which in 2019 decided to abolish the administrative autonomy of the region, bringing it closer to the central state and dividing it into two administrative territories: first is Muslim-majority Jammu and Kashmir, and the second is Ladakh that borders China and has a Buddhist majority.

Five members of the Court explained that Article 370 of the Indian Constitution is a “temporary article” due to the state of war and therefore the executive has the power to revoke it. Thus, local requests arguing that only the constituent assembly of Jammu and Kashmir could decide on a special status for the region were rejected.

Article 370 was important to the people of Kashmir, as it allowed them to have their own Constitution and powers over a number of issues, except foreign policy, defense, and communications.

Jammu and Kashmir is the only region of India with a Muslim majority. Its fate has been at the center of clashes with Pakistan for decades, since the birth of the two countries in 1947, when they became completely independent from British colonial rule. The decision now sets the stage for elections in Jammu and Kashmir, due to be held by September 2024.

“Today’s Supreme Court verdict to repeal Article 370 is historic and constitutionally reaffirms the decision taken by the Indian Parliament on August 5, 2019,” Narendra Modi tweeted. “This is a strong statement of hope, progress, and unity for our sisters and brothers in Jammu, Kashmir, and Ladakh. The Court, displaying its profound wisdom, strengthened the very essence of unity that we Indians cherish and value above all else. I want to assure the resilient people of Jammu, Kashmir, and Ladakh that our commitment to fulfilling your dreams remains unwavering. We are determined to ensure that the fruits of progress not only reach you, but also extend their benefits to the most vulnerable and marginalized segments of our society affected by Article 370.”