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Hours after the Supreme Court on Monday upheld the Centre’s 2019 decision to abrogate Article 370, which granted special status to Jammu and Kashmir, the Congress took a cautious line disagreeing with the judgment “on the manner in which Article 370 was abrogated” but arguing at the same time that the party had never “asked for restoration of Article 370”. It demanded immediate restoration of statehood to Jammu and Kashmir and called for the Assembly elections to be held without delay.
Parties of the opposition INDIA bloc, meanwhile, spoke in different voices. While the Shiv Sena (Uddhav Balasaheb Thackeray) welcomed the judgment, with its leader Uddhav Thackeray hoping that “Pakistan-occupied Kashmir is merged into Kashmir so that elections are held in greater Kashmir which is an inseparable part of our country”, the CPI(M) said the verdict was disturbing and would have “serious implications for the federal structure of our Constitution and is inclined to strengthen a Unitary state structure in the name of ‘integration’ and by invoking “national security”.
Even within the Congress, some voices welcomed the verdict. Congress leader Milind Deora said Kashmir had “witnessed increased tourism, enhanced infrastructure, and improved economic prospects, notably benefiting women” post-Article 370 abrogation. “The judgment of the Supreme Court has decided many issues but has left open some issues that are also vitally important. It has also held as ultra vires how Article 367 was invoked to amend a part of Article 370 … Prima facie, we respectfully disagree with the judgment on the manner in which Article 370 was abrogated. We reiterate the CWC (Congress Working Committee) resolution of August 6, 2019, that Article 370 deserved to be honoured until it was amended strictly in accordance with the Constitution of India,” senior Congress leader P Chidambaram said at a press conference he addressed along with party colleague Abhishek Singhvi.
The former Union Home Minister said the Congress was disappointed that the Supreme Court did not decide the question of dismembering the state and reducing its status to two Union Territories. Chidambaram reiterated the Congress’s demand for restoration of full statehood for J&K and demanded that elections be held immediately.
Asked whether the Congress would restore Article 370 if it voted to power in 2024, Chidambaram said, “We have never asked for restoration of Article 370. Read our CWC resolution. We said it must be honoured until it is amended in accordance with the Constitution.”
Chidambaram said, “The Supreme Court has held that Article 370 was abrogated in accordance with the Constitution. That is the law of the country. And all of us are bound by the law of the country. But we can have opinions. But that is the law.” He added that there was no debate that the provision was temporary. “The debate at that time was whether the temporary provision can be removed except in accordance with the Constitution,” said the Congress leader.
Singhvi said the “debate” on this issue had ended. Demanding the restoration of statehood and immediate holding of elections, he said, “Democracy not autocracy … it is the demand of the citizens of Jammu and Kashmir. Jammu and Kashmir has been run by a selected government for almost over half a decade, not by an elected government. Why is the BJP afraid of an elected government?”
What PDP, NC, SP have to say
The opinions of others in the INDIA bloc differed. While the Peoples Democratic Party (PDP) and the National Conference, both constituents of the alliance, slammed the verdict, the Shiv Sena (UBT) welcomed it. PDP chief Mehbooba Mufti described the verdict as a “death sentence” not only for J&K but also for the “idea of India”. She urged people not to lose hope, emphasising that the struggle in the region has been a political fight spanning decades.
Apologising to the people of J&K and Ladakh for “failing to convince” the Supreme Court, Omar said, “The BJP did not stop its efforts towards achieving what it wanted — it took them more than 70 years to do that. Likewise, we will continue to use every political and constitutional recourse available to us with the hope that at some point in the future, there will be a situation where we can restore our identity and dignity, which was snatched away on August 5, 2019.”
Samajwadi Party (SP) president Akhilesh Yadav recalled that during the debate in the Lok Sabha in 2019, he and the leaders of other parties, especially those from J&K, asked the government some questions. “The government could not give answers to many questions. Finally, they had to approach the Supreme Court. Now that the Supreme Court has given its decision nothing new can be said anymore. Everyone can give their views but everyone agrees with the Supreme Court’s decision.”
The CPI(M) said in a statement, “The verdict has evaded going into the merits of downgrading the state of J&K into two Union Territories … At the same time, the creation of a separate Ladakh Union Territory is upheld as valid. So, the restoration is not for the original state of J&K, but only a part of it and even that remains an assurance on paper. Strangely, the Supreme Court directs the Election Commission of India to hold polls in J&K at the earliest not later than September 30, 2024. The verdict, thus, gives the Central government a long rope to retain control over J&K.”
The party asked, “When a state is under President’s rule and its statehood is dissolved, in the absence of an elected Legislative Assembly can the concurrence of the President-appointed Governor be taken as the substitute?”
It added, “This has serious consequences for all other states where President’s Rule can be imposed and its boundaries altered or statehood dissolved … This verdict opens Pandora’s box, permitting the Central government to unilaterally initiate the formation of new states, alteration of areas, boundaries or names of existing states. This may well lead to serious undermining of federalism and the rights of the elected state legislatures.”
The Aam Aadmi Party (AAP), which had backed the abrogation in 2019, has not commented yet.
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