The Indian Supreme Court upheld the government's decision to abrogate Article 370 on 11 Dec, which bestowed special status on the erstwhile state of Jammu and Kashmir. Chief Justice of India DY Chandrachud said Article 370 of the Constitution was a temporary provision and the president has the power to revoke it. The apex court also upheld the validity of the decision to carve out the union territory of Ladakh from Jammu and Kashmir in August 2019. He said the erstwhile state of Jammu and Kashmir does not have internal sovereignty different from other states of the country. The verdict also said, ‘Steps should be taken to conduct elections in the assembly by September 30 next year.’ The verdict has come as a massive disappointment to those who still believe in democracy and justice in India. The judgment has inspired major questions on the validity of the idea of federal structure. Former Chief Justices have questioned the decision. They forget, the Indian state had called the original blueprint of a federal structure presented by the Sikhs – the Anandpur Sahib Resolution – a seditious document. There has been almost no response from Kashmir, but unlike 2019 there has been no extra militarization of the region (SDW Vol. 1 Issue 2, Story 10). China has rejected India’s occupation of Ladakh but not commented on internal affairs. Meanwhile, against the Supreme Court’s suggestion, amid Opposition walkout, the Rajya Sabha passed the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 on 12 Dec.. The Bill does not make space for the Chief Justice of India in the new Election Commission. India’s democracy is being structurally eroded.
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