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Editorial| Article 370 verdict| J&K dwells into New political realities

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Tourists enjoying Shikara ride in the world famous Dal Lake | The Legitimate

The dust has been settled forever on December 11, after Supreme Court pronounced its verdict on Article 370. Following the abrogation of Article 370 on August 5, 2019 by the Parliament of India, various individuals and political parties from Jammu and Kashmir moved to the Supreme Court to challenge its abrogation, terming it an ‘unconstitutional and unilateral’ decision by the BJP-led Centre government. 

There was hope in the section of people that the apex court might trickle the clock back to August 4, 2019, and that didn’t happen. So all hopes were buried, and the fresh dawn of realities emerged. The Supreme Court didn’t only uphold the move of Parliament as constitutional; its interpretation of many historical points set the record straight.

It went back to 1947, Accession by Maharaja Hari Singh with the Union of India. Commonly, it was known to the people that the accession of Jammu and Kashmir to the Union of India was conditional while surrendering its sovereignty in three areas: defense, communication, and foreign affairs.

The Court Judgment, which spans over 476 pages, speaks meticulously to every part of it and makes things much clearer for future generations. Forget about three sectors; the Court verdict said that Jammu and Kashmir didn’t shared a shred of its sovereignty after it merged with the Union of India, and the Instrument of Accession was not conditional.

The Court judgment said that Article 370 was a temporary provision and didn’t give any supremacy to the erstwhile state Constitution over the Constitution of India. It stated that the President of India has powers to make decisions on Article 370 and it can’t be challenged legally in court.

The five-member constitutional bench said that the President of India has special powers to make Article 370 inoperative since its insertion was an interim arrangement and was inserted due to war conditions in the state.

The verdict of the Supreme Court over the historical document that was in the public domain with multiple interpretations made all those interpretations redundant and hence gave birth to new discourse.  Though the ruling of the court can be challenged legally, it is mandatory for all to accept. So the people of Jammu and Kashmir must move forward while accepting the new political realities

The regional political parties also have an opportunity to shed the burden of history and dwell in the political arena that promises prosperity, hope, and growth for their future generations.  While the removal of Article 370 may have hurt the sentiments of some people, it has thrown open new opportunities for the people and especially for the political class.

The political parties can thrust upon development, creating avenues, job opportunities, and efficient and transparent governance, which over the decades had taken a back seat due to prevailing terrorism and uncertainty in the region.

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