Peoples Democratic Party (PDP) president and former Jammu and Kashmir Chief Minister Mehbooba Mufti expressed hope on Tuesday that the Supreme Court of India will not only stay the abrogation of Article 370 but also reverse all the laws that have been extended to Jammu and Kashmir (J&K) since the region’s special status was revoked in August 2019.
In a tweet reflecting her party’s ongoing opposition to the removal of J&K’s special status, Mufti said, “A state robbed of its legal and constitutional special status was cleaved into two and disempowered. Yet it took SC 3 years to list the case. Hope the Hon’ble court stays not only revocation of Article 370 but also reverses all the illegal laws brought in.”
Mufti’s remarks came in the wake of the Supreme Court agreeing to list a set of petitions challenging the Centre’s decision to abrogate Article 370. These petitions, pending for almost three years, question the legality of the move and the bifurcation of the erstwhile state into two Union territories—Jammu and Kashmir, and Ladakh. The petitions will now be heard after the court’s summer break.
The abrogation of article 370 and Its implications
On August 5, 2019, the central government, led by Prime Minister Narendra Modi, took the historic decision to revoke Article 370, a constitutional provision that granted special autonomy to J&K. The abrogation was accompanied by the bifurcation of the region into two Union territories, stripping J&K of its statehood and altering its political landscape. This move was met with widespread opposition from several political parties in J&K, including Mufti’s PDP and the National Conference (NC), as well as other regional stakeholders.
The Centre justified its decision by claiming it would bring peace, stability, and development to the region, which has witnessed decades of insurgency and political unrest. However, critics of the move, including Mufti, argued that it disempowered the people of J&K by reducing their political representation and undermining the democratic process.
Since the abrogation, several laws, including those related to land ownership, domicile rights, and administrative changes, have been extended to the region. These laws have often been a point of contention for local political leaders, who argue that the changes have eroded the region’s distinct identity and rights.
Mehbooba mufti’s position
Mehbooba Mufti has been a vocal critic of the Centre’s decision to revoke Article 370 and has consistently called for the restoration of J&K’s special status. She believes the move was not only unconstitutional but also unjust to the people of the region. Mufti’s latest remarks highlight her dissatisfaction with the slow pace of judicial proceedings in the case, which has taken nearly three years to reach the point of being listed for hearing.
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The PDP leader also expressed hope that the Supreme Court will not only address the legality of Article 370’s abrogation but will also roll back the various laws introduced since 2019. Many of these laws have been criticized by regional parties for disproportionately affecting the socio-political and economic landscape of J&K, especially concerning land rights and employment opportunities for locals.
Legal challenge ahead
As the Supreme Court prepares to hear the petitions challenging the abrogation of Article 370, the case is expected to reignite a national debate on federalism, autonomy, and the rights of states. The court’s decision could have far-reaching implications, not just for J&K, but also for the Centre’s approach to state autonomy and special provisions under the Constitution.
For political leaders like Mehbooba Mufti, the hope lies in the court reversing what they see as the erosion of J&K’s legal and constitutional rights. However, with the Centre maintaining its stance that the move was necessary for the region’s integration and development, the legal battle is expected to be a long and contentious one.
