J&K Anniversary Question: What is SC's View?

Constitutional democracy needs apex court to fast examine nullification of Art 370

- Arghya Sengupta

Today marks two years since Article 370 was nullified. Much has happened since then: Local elections were held, and recently a landmark political meeting took place between key J&K political leaders and the prime minister.

But the Supreme Court of India has still not finally decided whether the nullification was constitutional or not. This delay does not bode well for anyone – the people of J&K, GoI, and SC itself (at the time of writing the court has only decided some preliminary issues).

The nullification of Article 370 has been a longstanding BJP campaign promise. Therefore, the GoI decision can be seen as principled politics. But it is also a complex constitutional question, perhaps the most complex since Kesavananda Bharati’s case.

Answering that question is SC’s job. Uphold the decision and a ‘Naya Jammu and Kashmir’, as has been promised, can be built on a firm legal foundation. Strike it down and Parliament can think of alternative constitutional methods to integrate J&K with India.

Especially in a matter as constitutionally momentous, it is imperative that the court gives a final and authoritative judgment as quickly as it can.