India's Supreme Court Upholds Revocation of Kashmir's Special Status, Applauded by Modi

The government's 2019 decision to revoke the special status of Jammu and Kashmir was upheld by India's top court on Monday. The disputed Muslim-majority territory is ruled by the court to regain its state designation, with local elections to be held next year. Chief Justice DY Chandrachud stated in the Supreme Court judgment that the "restoration of statehood shall take place at the earliest and as soon as possible," while directing the country's Election Commission to hold polls in Jammu and Kashmir by the end of September 2024.

For over 70 years, the mountainous region of Kashmir has been the center of a violent territorial dispute between India and Pakistan. This disputed area is considered one of the world's most dangerous flashpoints, with a de facto border known as the Line of Control separating the territories managed by New Delhi and Islamabad.

In 2019, Prime Minister Narendra Modi's ruling Bharatiya Janata Party (BJP) made the decision to revoke Article 370, a constitutional provision that granted special status to the former state of Kashmir. This special status included the ability to have its own constitution, flag, and autonomy over most matters, with the exception of certain policy areas like foreign affairs and defense.

Shortly after, the Indian parliament decided to divide Jammu and Kashmir into two union territories, a controversial decision that increased New Delhi's authority over the disputed area. At the same time, Ladakh, a remote mountainous region that was previously part of Jammu and Kashmir, became its own territory. Some parts of the disputed area are claimed by both India and China.

The reclassification of Ladakh was also upheld, the Supreme Court said Monday.

Arundhati Roy, author and activist, speaks at a press conference in New Delhi, India on March 10, 2021, calling for the urgent release of activist Dr. GN Saibaba. (Photo by Sanjeev Verma/Hindustan Times via Getty Images)

Indian author Arundhati Roy is charged with sedition for her comments on Kashmir in 2010.

The revocation of Kashmir's special status was a major campaign promise for Modi during the 2019 general election. The Supreme Court ruling comes just before he is anticipated to seek a rare third term.

The removal of Article 370 brought Jammu and Kashmir under the full provisions of the Indian constitution. This change allowed non-residents to purchase property in the valley and apply for jobs or scholarships that were previously only available to the state's existing population.

The decision also sparked outrage from opposition parties, who criticized the changes to Kashmir's status as escalating tensions and increasing the potential for violence in an already volatile region. On Monday, several Kashmiri politicians voiced their disappointment with the court's ruling.

Mehbooba Mufti, former chief minister and current leader of the Jammu and Kashmir Peoples Democratic Party, expressed determination in the face of adversity: "The people of J&K are not going to lose hope or give up. Our fight for honour and dignity will continue regardless. This isn't the end of the road for us."

Similarly, Omar Abdullah, vice president of the Jammu Kashmir National Conference, shared a message of resilience, stating, "I was disappointed but not disheartened."