Validation

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Validation

Tuesday, 12 December 2023 | Pioneer

Validation

Saying the Centre was well within legal rights while abrogating Article 370, the SC lays the controversy to rest

Upholding the Union Government's decision to abrogate Article 370 in Jammu and Kashmir, the Supreme Court wants the Assembly elections to be conducted there by September 30, 2024. Also, putting to rest any confusion regarding future status of J&K, the court has said its statehood should be restored at the earliest. Despite a longwinded and vicious campaign by parties in the Valley and in the Opposition, especially the Congress, the apex court put its seal of approval on the Government's decision of August 5, 2019, to abrogate Article 370, which gave special status to the State of J&K. The national security considerations were paramount in the decision. The special status had been a contentious issue, often exploited by separatist elements. The Narendra Modi-led NDA Government's move was intended to integrate the region more closely with the rest of India and marked a crucial shift in the political landscape. The region now adheres to the same constitutional and legal provisions as other States and Union Territories of India, fostering a sense of equality among citizens. Economically, the decision was seen to work as a catalyst for development in J&K. Aligning with the Centre's policies, the region would attract more investments, subsequently fostering economic growth and job opportunities.

However, the repeal of Article 370 also triggered political unrest, with leaders angry over the perceived infringement on J&K's unique identity. This discontent manifested in protests and demonstrations, indicating the complexities of regional dynamics. Internationally, too, the abrogation drew attention, with a few countries expressing concern about the situation. The move prompted debates on the global stage, highlighting the intricate relationship between national sovereignty and international human rights standards.There are very few decisions that change the course of history, or correct it. The revocation of Article 370 was one such decision; of course, it was the BJP's poll promise, too. However, had it perhaps been done after taking local people's concerns into account and in a more democratic way, it might not have raised the storm it did. It goes to the credit of the Modi Government that no related violence was reported but it did lead to some hardships for the people. However, geopolitics and ground reality have vastly changed since Article 370 was promulgated. Now any State having a separate flag or, for that matter, separate Constitution does not hold relevance. Ultimately, the move will lead to betterment of J&K as the region would have access to many Government policies and plans which could not be implemented earlier due to its special status. The decision has profoundly impacted J&K and the broader Indian polity. The Supreme Court verdict plays a pivotal role in determining the constitutional validity of the abrogation and shaping J&K’s future.

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