India’s Supreme Court is scheduled to announce its verdict on a series of petitions challenging New Delhi’s imposition of direct rule in Kashmir on December 11, as The Times of India reported on Friday. In 2019, the ruling Bharatiya Janata Party (BJP) revoked the special status of occupied Kashmir by abolishing Article 370 of the constitution. This article restricted the Indian parliament’s authority to enact laws in the region, except in defence, foreign affairs, and communications.
The move allowed people from other parts of India to buy property and settle permanently in Kashmir. Critics, including Kashmiris, international organisations, and opponents of India’s Hindu nationalist-led government, viewed the decision as an attempt to alter the Muslim-majority demographics of Kashmir with Hindu settlers.
A five-member bench, led by Chief Justice of India DY Chandrachud, reserved its verdict on September 5. The court — including Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant — decides if the move was legal despite lacking the endorsement from parliament usually required for constitutional change.
The petitioners, including leaders from the National Conference and the People’s Democratic Party (PDP), argued whether the move was legally valid without the usual parliamentary endorsement for constitutional changes. During the proceedings, the PDP claimed that the decision to abolish Article 370 was made without consulting then-Governor Satya Pal Malik.
On the other hand, the central government defended its action, asserting there was no “constitutional fraud” in nullifying the provision. Senior counsel Kapil Sibal argued that the governor’s concurrence did not reflect the people’s will.