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World / Asia

India's Supreme Court upholds revocation of Kashmir's autonomy

Published: 11 Dec 2023 - 12:15 pm | Last Updated: 11 Dec 2023 - 12:18 pm
Indian paramilitary troopers patrol along a road in Srinagar on December 11, 2023. (Photo by Tauseef Mustafa / AFP)

Indian paramilitary troopers patrol along a road in Srinagar on December 11, 2023. (Photo by Tauseef Mustafa / AFP)

AFP

New Delhi: India's top court on Monday upheld a move by Prime Minister Narendra Modi's government to revoke the limited autonomy of Kashmir, where an insurgency has raged for decades, and ordered elections within a year.

The 2019 declaration was "a culmination of the process of integration and as such is a valid exercise of power", the Supreme Court said in its verdict.

The move was accompanied by the imposition of direct rule from New Delhi, mass arrests, a total lockdown and communication blackout that ran for months as India bolstered its armed forces in the region to contain protests.

Modi's policy has been deeply controversial in Kashmir, but was widely celebrated across India.

The removal of Article 370 of the constitution, which enshrined the special status of the disputed region, was challenged by Kashmir's pro-India political parties, the local Bar Association and individual litigants, culminating in Monday's verdict.

The court upheld removing the region's autonomy while calling for Jammu & Kashmir to be restored to statehood with the same status as any other Indian state "at the earliest and as soon as possible".

The court also ordered state elections to take place by September 30, 2024.

Security was stepped up across Kashmir ahead of the verdict, with authorities deploying hundreds of soldiers, paramilitary troops, and police in the main city of Srinagar to thwart any protests.

Modi welcomed the judgement as "historic".

The ruling was "a beacon of hope, a promise of a brighter future and a testament to our collective resolve to build a stronger, more united India", the Hindu nationalist leader posted on X, formerly Twitter.

Removing Article 370 has been a key plank of his Bharatiya Janata Party's platform since its inception, and the Supreme Court decision comes ahead of elections next year.

One of the advocates who argued for the revocation to be ruled unconstitutional -- the Supreme Court held hearings on it for 16 days -- was sanguine.

"Some battles are fought to be lost," Kapil Sibal posted on X, even before the verdict was read out, saying the court action was intended to ensure that "history must record the uncomfortable facts for generations to know".

"History alone is the final arbiter of the moral compass of historic decisions," he added.