BuzzBytes New Delhi, December 11, 2023—
The Communist Party of India (Marxist) (CPI(M)) has expressed deep concern over the recent Supreme Court verdict dismissing challenges to the abrogation of Article 370 and the dissolution of the state of Jammu and Kashmir. In a press statement released today, the CPI(M) argues that the decision holds serious consequences for the federal structure of the Indian Constitution.
The party contends that the verdict, which asserts that Jammu and Kashmir does not retain any element of sovereignty after the signing of the Instrument of Accession, questions the federal structure and deems the Constitution of Jammu and Kashmir redundant. The CPI(M) raises the critical point that the signing of the Instrument of Accession was conditional to retaining a special status, as mentioned in the now abrogated Article 370.
Moreover, the party highlights the verdict’s declaration that Jammu and Kashmir is equivalent to any other state in the Indian Union, thereby depriving it of even the special features granted to northeastern states and some others under various clauses of Article 371.
While the Supreme Court avoided addressing the merits of downgrading Jammu and Kashmir into two Union Territories, it upheld the creation of a separate Ladakh Union Territory as valid. This, according to the CPI(M), means that the restoration mentioned is not for the original state of Jammu and Kashmir but only a part, and even that remains an assurance on paper.
The directive to the Election Commission of India to conduct polls in Jammu and Kashmir at the earliest, not later than September 30, 2024, has raised eyebrows within the CPI(M). The party argues that this provides the Central government with prolonged control over the region.
Additionally, the appointment of a President-appointed Governor during President’s rule and statehood dissolution poses concerns for other states where President’s rule can be imposed, potentially altering boundaries or dissolving statehood.
The CPI(M) stresses that a detailed response to this 5-bench verdict, including the main judgment and two concurring judgments, can only be made after thorough examination. However, the party asserts that the implications of this decision are significant for the federal structure of the Indian Constitution, potentially strengthening a Unitary state structure in the name of “integration” and invoking “national security.”
