Dear Editor,
December 11, 2023 is a red letter day in the life of India (Bharat) (Bharat must be invariably stated in order to avoid confusion between the nation India and I.N.D.I.A. bloc). The Supreme Court judgment has delighted majority of people and disappointed a few including Gupkar comprising of 7 parties constituted for the purpose of restoration of Article 370. With the pleasant, unambiguous and historic judgment coming out from Supreme Court upholding the authority of the President of India to render the contentious Article invalid, Article 370 has been laid to rest. It was a day of rejoice when Article 370 was repealed on August 5, 2019. But it was not totally so, because there were doubts lingering in the mind of people what if the matter is taken to the Supreme Court. The doubts of people were confirmed when 23 petitioners moved the Supreme Court against the abolition of Article 370. After the case was listed for hearing, the Supreme Court expeditiously completed the hearings and delivered the judgment without keeping the issue (case) deadlocked for years. Just a day before the judgment on the contentious Article was to be delivered, Farooq Abdullah “predicted” that the judgment on Article 370 would be in favour of BJP. PDP also echoed the same “prediction” that there would be adverse ruling on Article 370. The judgment is victory of people, not just BJP. The government is only a trustee which is supposed to act in the interest of the people and her nation. The government has come up to the expectation of majority of people by abrogating Article 370. What is favourable or what is adverse is determined from the nation’s point of view. If the judgment has gone against the petitioners, it is may be adverse judgment to the petitioners and Gupkars. It is favourable judgment from the nation’s point of view because the integration of Jammu and Kashmir to India has received the stamp of approval from the apex court. Threat from people opposed to the repeal of the Article has been warded off. The Supreme Court rightly says that special status to Jammu and Kashmir was against the spirit of Article 14 which advocates equality. It has delivered the judgment neither in haste nor with delay. It has taken into consideration a number of aspects and studied them thoroughly before delivering its judgment. The court has viewed that the Article 370 was meant for transitional purpose. The court has seen that Jammu and Kashmir had surrendered sovereignty while merging and found that the President’s move to abrogate Article 370 was not mala fide. The court has viewed that the Constituent Assembly was a temporary body and its recommendation was not binding. The government has been directed to restore statehood to Jammu and Kashmir. The government has been consistently maintaining that the statehood would be restored when the time is conducive. The conducive time is now coming. The court has directed the Election Commission to conduct the election by September 30, 2024. Since the 1950s, the RSS has reportedly passed a total of 27 Resolutions on Jammu and Kashmir. It has viewed that Article 370 is a provision to break Kashmir from Bharat, stands for disintegration and corruption. Maharaja Hari Singh’s son and first Governor of Jammu and Kashmir Karan Singh has welcomed the judgment and expressed the view that in the days subsequent to the abrogation of the Article, there are developments. Uddhav Thackeray has cheered the judgment and NC-PDP combination is visibly unhappy. The Supreme Court has held that Jammu and Kashmir is an integral part of India, a view echoed by all right thinking citizens of India. Last but not least, the Supreme Court has held that every action taken by the President cannot be contested. The bottom line is that the abrogation of Article 370 is legal and valid coming as it does from the constituent bench of the Supreme Court.
K.V. Seetharamaiah
