India: Top court upholds removal of Kashmir special status

India's Supreme Court has upheld a 2019 move by the government to revoke a special semi-autonomous status granted to former state of Jammu and Kashmir.

The court said that the special status given to the territory under Article 370 of the Indian consitution was a "temporary provision."

It also said that Jammu and Kashmir should be put on par with other Indian states "at the earliest and as soon as possible," with local elections to take place by September 30, 2024.

Indian Prime Minister Narendra Modi on Monday hailed the verdict on social media, calling it "a beacon of hope, a promise of a brighter future and a testament to our collective resolve to build a stronger, more united India."

What was the case about?

The Muslim-majority region of Kashmir is disputed by India and Pakistan has long been a source of tension in Indian politics. A number of separatist groups are active in the Indian-controlled territory.

Article 370 of the Indian constitution allowed Jammu and Kashmir to have its own constitution and a degree of internal autonomy. Under locally approved laws, this meant that only local Kashmiris could vote, own land and apply for government jobs.

However, the government revoked this status in 2019 and divided the state into two union territories — Union Territory of Jammu and Kashmir and Union Territory of Ladakh — that have been governed directly from New Delhi.

"The overall feeling among common people is that they would be subjected to more policies thrust forward by New Delhi without any interference," said journalist Murali Krishnan reporting for DW in New Delhi.

"Many are not convinced by the government’s assurance following the court verdict that it would pave the way for a promise of a brighter future."

"For them, Article 370 and Article 35A of the constitution represented the sentiments of the people, and with that gone, it meant a huge loss."

More than 20 petitions had challenged the controversial abrogation of Article 370 in 2019 by Modi's Hindu-nationalist government. 

The petitioners had contested whether the Indian parliament had the power to revoke the region’s special status, maintaining that only the constituent assembly of Jammu and Kashmir could decide on it.

How have people in Kashmir responded to the ruling?

Journalist Samaan Lateef, reporting for DW in Srinagar, said on Monday that there is "complete silence on the ground" because the Supreme Court's decision was expected by both sides.

"A senior political leader summarized the court verdict as a minor aftershock of the real earthquake that happened on August 5, 2019 when the BJP government in New Delhi unilaterally abrogated the Article 370," he said.

"Over the past week, authorities have warned against social media dissent, intensifying security measures with checkpoints established throughout Kashmir to prevent any untoward incidents."

Indian authorities have previously responded to protests against the change with mass arrests, lockdowns and a months-long communication blackout.

zc, dvv/wmr (Reuters, AFP, AP)