The events regarding the Article 370
The Supreme Court has issued its verdict regarding abrogation of Article 370, pertaining to Jammu and Kashmir. In its decision, the Supreme Court upheld the Central Government’s decision and deemed the abrogation of Article 370 from the Constitution valid. On August 5, 2019, the Central Government nullified Article 370 of the Constitution concerning Jammu and Kashmir. Twenty-three petitions were filed against this decision, leading to a 16-day hearing in the Supreme Court. Following the conclusion of the hearing on September 5, 2023, the Supreme Court reserved its decision. A five-judge Constitution bench, headed by Chief Justice DY Chandrachud, delivered the verdict. In addition to the CJI, the bench included Justices SK Kaul, Sanjeev Khanna, BR Gavai, and Surya Kant.
Timeline of Supreme Court Proceedings
On August 5, 2019, Union Home Minister Amit Shah introduced the Jammu and Kashmir
Reorganization Act Bill in the Rajya Sabha. Jammu and Kashmir were bifurcated into two union territories, Jammu Kashmir, and Ladakh. It was passed in the Rajya Sabha on the same day and in the Lok Sabha on August 6, 2019. President’s approval was obtained on August 9, 2019, leading to the removal of Jammu and Kashmir’s special status, with all clauses of Article 370 except Clause 1 being abolished. Under Clause 1, the Constitution of India would apply in Jammu and Kashmir.
The Twenty-three petitions
On August 28, 2019, a three-judge bench of the Supreme Court commenced hearings on the constitutionality of the President’s order. After two days of debate, the case was referred to a constitutional bench. In March 2020, a five-judge Constitution bench heard petitions challenging the Central Government’s decision in the Shah Faesal vs Central Government case.
Petitioners requested a larger Constitution Bench of seven judges, which was denied by the bench. A new On July 3, 2023, a Constitution bench was established under the leadership of Chief Justice DY Chandrachud. The bench comprised Justices SK Kaul, BR Gavai, Surya Kant, and Sanjeev Khanna.
Regular hearings
Regular hearings on the Article 370 issue took place in the Supreme Court from August 2 to September 5, 2023. The Supreme Court reserved its decision after the hearing on September 5. After 96 days, on December 11, 2023, the Supreme Court delivered its verdict, upholding the Central Government’s decision to remove Article 370 from Jammu and Kashmir. The Supreme Court emphasized that Article 370 was temporary and imposed under exceptional circumstances. Additionally, it noted the Center’s presentation on granting statehood to Jammu and Kashmir, directing that statehood be reinstated promptly. Furthermore, the Supreme Court instructed the Election Commission to conduct assembly elections in the state by September 30, 2024.
The Inside Story of the Abrogation of Article 370
No party secured a majority in the December 2014 assembly elections. In the 87-seat Jammu and Kashmir Assembly, the PDP emerged as the largest party with 28 seats, followed by the BJP with 25 seats. As reported in the Dainik Bhaskar, On January 1, 2015, former Jammu and Kashmir CM Mufti Mohammad Sayeed received a call, instructing PDP MLA Haseeb Drabu to travel to Delhi the next morning. Further details were provided upon reaching the Delhi airport. The following day, Haseeb met a specific individual in Delhi, leading to subsequent discussions in Mumbai with Ram Madhav of the RSS. Alliance talks in Jammu and Kashmir were initiated, resulting in the drafting of the Common Minimum Program by Haseeb Drabu. However, due to disagreements on certain issues, Governor’s rule was imposed on January 9, 2015.
Approximately two months later, on February 26, Haseeb returned to Delhi, where he engaged in discussions with former Union Ministers Arun Jaitley and Ram Madhav. The issue regarding the Hurriyat Conference became a sticking point during these discussions. PM Narendra Modi and Amit Shah asserted that the central government would not engage with Hurriyat leaders. Conversely, Mufti insisted on talks with Hurriyat leaders to proceed with the alliance. Following discussions, Arun Jaitley met with Amit Shah, after which Haseeb was instructed to include the Hurriyat Conference in the Common Minimum Programme. This decision reflected the BJP’s intention to make significant strides in Jammu and Kashmir, rather than merely pursuing power.
Subsequently, Modi and Mufti Sayeed met in Delhi, followed by discussions between Mehbooba Mufti and Amit Shah. A consensus was reached on the alliance formula, as confirmed by Haseeb Drabu in an interview with the Indian Express.On March 1, 2015,
the BJP formed the government with its erstwhile rival PDP, with Mufti Mohammad Sayeed assuming the role of Chief Minister.
Despite opposition from some senior BJP leaders and concerns raised by the opposition, including allegations of the PDP’s alleged collusion with Pakistan and terrorists, the alliance was formed. Mufti Mohammad Sayeed passed away on January 7, 2016, leading to the PDP’s withdrawal from the government due to ideological differences. After three months, in April 2016, BJP and PDP reformed the government, with Mehbooba Mufti assuming the Chief Ministerial position.
After 39 months, BJP General Secretary Ram Madhav announced the withdrawal of support from the PDP government, resulting in its collapse.
Formation of a new government
Subsequently, when they were on the brink of forming the government, the Governor dissolved the Assembly. Following the dissolution of the Jammu and Kashmir Assembly, Prime Minister Modi instructed the late Arun Jaitley to draft a plan regarding abrogation of Article 370, ensuring its immunity from legal challenge.
Mehbooba Mufti expressed frustration on social media, stating that despite discussions about dissolving the Assembly for five months, their voices went unheard.
Around November 19-20, 2018, discussions surfaced in the media regarding a potential alliance among the PDP, Congress, and National Conference to form the
government in Jammu and Kashmir. However, by then, the Governor had already dissolved the assembly.
Concerns regarding potential rebellion
It has been reported in the media that the RAW Chief had conveyed it to Prime Minister about the possibility of a deal between America and the Taliban regarding Afghanistan, highlighting the implications for Kashmir’s security. Meanwhile, President’s rule was imposed in Jammu and Kashmir.
Despite apprehensions, the decision to abolish Article 370 proceeded, with measures undertaken to address security concerns. Additional deployments of troops and drones, along with the confiscation of weapons from senior Kashmiri police officers, were carried out.
The monsoon session of Parliament was extended, and former CMs were detained overnight to prevent unrest. Following input from security agencies, President Ramnath Kovind issued two crucial orders on August 5 and 6, 2019, effectively terminating Jammu and Kashmir’s special status. In summary, the events surrounding the abrogation of Article 370 were characterized by intricate political manoeuvres, legal deliberations, and security considerations.
Author:
Dharmendra Nigam
A senior journalist with over a decade and a half’s experience by sharing his by-lines with major media brands.
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