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supreme court verdict

Opinion | “A Landmark Shift: The Supreme Court’s Revolutionary Verdict on Article 370. New Era of Democracy in Naya Jammu-Kashmir. 

Written by Sheikh Jamsheed

News Desk by News Desk
January 4, 2024
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The Supreme Court’s verdict on Article 370 has brought a new dawn and a wave of optimism for the Naya Jammu Kashmir towards the development and long-awaited peace. This decision signifies a significant step towards a more inclusive and empowered society, fostering a new era of democracy and progress in the region. Certainly, On December 11, 2023, a unanimous decision was made by a five-member Constitution bench of the Supreme Court comprising Chief Justice D.Y. Chandrachud, with Justices S.K. Kaul, Sanjiv Khanna, B.R. Gavai and Surya Kant. They upheld the abrogation of Articles 370 and 35A, recognizing that Article 370 was a temporary provision and acknowledging that the former State of Jammu and Kashmir did not possess internal sovereignty. This ruling signifies the complete integration of Jammu and Kashmir with the rest of India. The recent judgment by Chief Justice DY Chandrachud emphasized that the state of Jammu and Kashmir does not possess internal sovereignty distinct from other states. Justice SK Kaul, in his concurring judgment, recommended the establishment of an impartial truth and reconciliation commission to investigate human rights violations by both state and non-state actors over the past few decades. The decision, which upholds the cancellation of Article 370, is considered a historic judgment by the Supreme Court, and it has also called for the Assembly elections to be held by September 2024 in the region. The court’s verdict has put an end to all controversies and has solidified the constitutional integration of J&K with India. Local politicians in the region have expressed grief and disappointment with the court’s order. However, it is important to not lose sight of the fact that this judgment carries significant implications for the future of Jammu and Kashmir and the overall administration of the region. The abrogation of Article 370 has brought a new shaft of hope to the dreams and aspirations of the people in J&K.The region has long been agonized by political disorders, profitable recession and a sense of chaos and uncertainty. The development and prosperity of the region were hindered, leaving the situation relatively miserable. Continuation in Shutdowns and lack of internet availability had led to innumerous losses and despair in every sector, especially the education sector, students have apparently faced multitudinous difficulties due to the regular shutdowns and internet closures. But now after the rescission of Article 370, has brought about a new sense of hope and stability in the region. While some parties wanted to reclaim Article 370 for their own interests, the Supreme Court’s revolutionary verdict on Article 370 signifies a transformative moment in the all-round development of Naya Jammu Kashmir. It paves the way towards a further inclusive and empowered society, steering in a new period of democracy and progress in the region. In an interview, the honorable Prime Minister Shri Narendra Modi ji stated,” No power in the Universe can bring back Article 370.” This decision marks a significant step forward in the political realm of Naya Jammu Kashmir. The decision to invalid the Article 370 has paved the way for multifaceted openings and avenues for the betterment and advancement of the people abiding in the Union Territory of Jammu and Kashmir and Ladakh. Over the course of nearly seven decades, politicians hailing from Kashmir have, regrettably, misled the common masses with lofty slogans of self-rule and autonomy, performing in a state of disillusionment and unfulfilled aspirations.The prolonged and conflict-ridden nature of the region has really foisted substantial lapses and losses upon its frugality, which has sagged in a state of recession due to the continuous insurgencies, anguishing the area. But with the cancellation of Article 370, a renewed sense of republic has been reinstated in the Union Territory of Jammu and Kashmir, steering in a period of corruption-free governance and an unparalleled commitment to comprehensive development of the region. Nevertheless, it is imperative to acknowledge and emphasize that the Union Territory of Jammu and Kashmir and Ladakh have, are, and will forever remain an indispensable and inalienable part of India. No amount of hyperbole, or declamation, or indoctrination from any external entity can alter this irrefutable fact. After the cancellation and reorganization of the special status of the former State of Jammu and Kashmir and Ladakh are now entirely consolidated into the mainstream of the nation. Pertinently, it’s important that we don’t lose the sight of the fact that after the cancellation of the special status of the UT Jammu- Kashmir and Ladakh, the people are now able to enjoy the egalitarian and democratic system and can also take the benefit of all the Central-Sponsored schemes that were being enjoyed by other citizens of the country.”Development, peace and substance in Jammu and Kashmir is the top priority of Prime Minister Shri Narendra Modi which is apparent from the fact that all the centrally sponsored schemes like the Pradhan Mantri Awas Yojana, Jan Dhan Yojana, MUDRA, PM Ujjwala Yojana, Scholarship Schemes for students, Welfare Schemes for Scheduled Castes, scheduled tribes nes and Other Backward Classes are now enforced in the UT”. The invalidation of Article 370 has had a profound impact on the development and betterment of the people of Kashmir. Preliminarily, they faced multitudinous challenges and difficulties due to the restrictions assessed by Article 370. This hindered their access to colorful schemes and openings that residers of other corridors of the nation enjoyed. As a result, the unemployment rate soared, leaving the youth feeling hopeless and agonized. Since, the rescission of Article 370, a surge of positive change has swept throughout the valley. The Naya Jammu- Kashmir and Ladakh regions are now fully able to pursue their dreams and aspirations eventually passing the long- awaited development, peace, and substance. The recent G20 meetings held in the valley has played a significant part in revitalizing the profitable condition of the region. It has attracted greater investment, stimulated growth, and created job openings, particularly serving the youth. The G20 meetings held in the region was a truly remarkable event. It presented an unparalleled occasion to impact strategic alliances and forge partnerships, eventually gaining global attention. This attention has paved the way for self-sustaining profitable growth and has opened the doors to attracting foreign investments. Pertinently, the summit has stressed the valleys exquisite crafts and handloom, bringing them into the transnational limelight. This monumental global attention will ultimately contribute to the growth, stability, and development of J&K, while also creating new and intriguing openings for its residents. Indeed, the advancement and substance of every sector, particularly the education sector, in the region has been remarkable. This progress can be attributed to the selfless dedication and determination of the Lieutenant Governor of Kashmir, Shri Manoj Sinha ji. His commitment to the valley’s development, peace, stability, and substance is truly estimable. Shri Manoj Sinha ji’s hands-on approach, immersing himself at the ground level has been commendable in bringing about these positive changes. Words fail to adequately express the magnitude of Shri Manoj Sinha ji’s tireless efforts in driving the development of the valley. His admirable work has paved the way for new pathways and openings of new opportunities in the region. Specifically, the education sector has been a focal point of his endeavors, as he recognizes its pivotal part in shaping the future of the region. Under the visionary leadership of the honorable Lieutenant Governor, Shri Manoj Sinha ji, Kashmir is witnessing greater progress and growth in the long-run. Indeed, the advancement and substance of every sector, particularly the education sector, in the region has been remarkable. Transparency and accountability has been a crucial aspect embraced by every department in the region, empowering trust and responsibility. In line with this, the Principal of Government Medical College( GMC) Baramulla, Prof.Dr. Rubby Madam, has exemplified enthusiasm in her pursuit of the betterment and welfare of the people. I myself have witnessed her commitment and determination towards this cause. Prof. Dr. Rubby Madam’s profound care for the welfare and development of the patents further reflects her compassionate nature. Such exemplary professors and public representatives are required in every department, as they play a significant part in driving development and progress of the valley.
Jai Hindh Jai Bahart.
Written by Sheikh Jamsheed (Working as a Social and Peace Activist of Kashmir India).
The writer can be reached at (SheikhJamsheed751@gmail.com)
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