Centre Files Fresh Affidavit Defending Article 370 Dilution, Says Life Returned To Normalcy In Jammu & Kashmir After Decades Of Turmoil
The Central government in a fresh affidavit filed before the Supreme Court has stated that its decision to dilute Article 370 in 2019 revoking the special status of Jammu and Kashmir has brought an ‘unprecedented era development, progress, security and stability to the region’.This comes a day before a constitution bench headed by Chief Justice of India DY Chandrachud is set to hear a...
The Central government in a fresh affidavit filed before the Supreme Court has stated that its decision to dilute Article 370 in 2019 revoking the special status of Jammu and Kashmir has brought an ‘unprecedented era development, progress, security and stability to the region’.
This comes a day before a constitution bench headed by Chief Justice of India DY Chandrachud is set to hear a bunch of pleas challenging the abrogation of Article 370 of the Constitution which stripped the erstwhile state of Jammu and Kashmir of its special status and led to its bifurcation into the union territories of Ladakh and Jammu and Kashmir, in 2019
The Centre has defended its move stating that in the past 3 years, schools, colleges, universities, hospitals and other public institutions have been functioning without any strikes or disturbances. ‘The earlier practice of daily hartals, strikes, stone pelting and bandhs are a thing of the past now” it has been stated. The Centre has also stressed in its affidavit that life has returned to normalcy after over three decades of turmoil.
The Centre has also submitted before the Apex Court that for the first time in history a duly elected 3-tier Panchayati Raj System has been established in Jammu and Kashmir as a step towards strengthening democracy at the grassroot level. In November-December 2020 elections for the members of the District Development Councils were held the Centre said in its affidavit.
The Centre has also stated that the security situation in Jammu and Kashmir has improved since its 2019 decision. In the data provided by the Centre comparing 2018 figures to the figures in 2022, ‘law and order events’ have reduced by 97.2% and ‘terrorist initiated instances’ have reduced by 45.2%.
The Centre also states that terrorist recruitment has dropped from 199 in 2018 to 12 in 2023 and that its resolute ‘anti-terror actions have resulted in dismantling of the terror eco-system’ in the region. The Centre also says that its policies have helped bring the youth of Kashmir to the mainstream, by providing them with employment and opportunities.
The Centre has also said that Rs. 28400 Crores which has been notified in February 2021 in the Central Sector Scheme will lead to unprecedented industrial development in the region.
Referring to the recent G-20 meet held in Srinagar, the Centre said that international events can now be organized in the region successfully.
"For the first time, after independence, the residents of the region are enjoying the same rights which the residents of other parts of the country are enjoying. This has resulted into bringing the people of the region into the mainstream and thereby inevitably frustrating the sinister design of secessionist and anti-national forces" - Centre said.
A constitution bench headed by Chief Justice of India DY Chandrachud is set to hear a bunch of pleas challenging the abrogation of Article 370 of the Constitution which stripped the erstwhile state of Jammu and Kashmir of its special status and led to its bifurcation into the union territories of Ladakh and Jammu and Kashmir, in 2019. The five-judge bench also comprises Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant. These petitions – listed on July 11 – have been posted for the first time after March 2, 2020, when another constitution bench ruled that it would not be necessary to refer the matter to a seven-judge bench.
The hearing had started in December 2019, within four months from the date on which the Centre notified the repeal of Article 370 and the reorganisation of the state of Jammu and Kashmir. Despite the judgement holding that the issues involved in the pleas could be decided by a five-judge combination, the matter was not listed – till now. However, it has been mentioned before the Chief Justice of India on several occasions. In April 2022, the then-chief justice NV Ramana had refused to provide a definitive answer when it was mentioned. In September of the same year, Chief Justice UU Lalit agreed to list the petitions, but his tenure was short-lived. His successor and the incumbent Chief Justice Chandrachud expressed his inclination to list the matter on two separate occasions.
Justices NV Ramana and Subhash Reddy – who were on the last constitution bench that dealt with this matter – have already retired. Therefore, while Justices Kaul, Gavai, and Kant were members of the previous five-judge bench, Chief Justice Chandrachud and Justice Sanjiv Khanna have joined to fill the vacancies.