By Farooq Wani

A five-judge Constitutional Bench of India’s Supreme Court upholding the Centre’s August 5, 2019 move to abrogate Article 370, and thereby repeal Jammu and Kashmir’s seven decades old special status, is undoubtedly a landmark judgment that has rectified a major anomaly in the Indian Constitution.

The apex court bench has also been careful and cautious in stating that it was not its domain to judge whether arrangements under Article 370 “have ceased to exist” and the same remains “a policy decision within the realm of the executive”. With this erudite observation, the Supreme Court has reiterated the well-defined constitutional responsibilities of the executive and the judiciary.

Almost immediately after the passing of this verdict, comments for and against it have flooded news channels and social media and going by these responses it would not be an exaggeration to say that this decision has been well received and welcomed by the public. So, even though political parties don’t appear to be quite happy with this judgment and are giving unconvincing reasons to justify their views, Kashmiris know that it’s the loss of their fiefdom that’s hurting them most!

Vieweddispassionately, one would give a thumbs up to the Supreme Court for putting an end to the ‘Us vs. them’ debate that political parties in J&K had been engaging in at the cost of the wellbeing of the hapless people. In fact, given the visible and unprecedented changes and development that has taken place in J&K in the 52 months after its abrogation, the common Kashmiri finds no reason to shed tears on the demise of Article 370.

It’s no no-brainer that peace and stability are key drivers for socio-economic change. Unfortunately, not too long ago, J&K was tragically weighed down by militancy, frequent shutdowns called for by Pakistan’s proxies like the Hurriyat Conference. The situation further deteriorated due to unconcerned governments and high levels of administrative corruption. Resultantly, growth and prosperity eluded J&K as key economic sectors like tourism, hospitality, agriculture and education stagnated.

Contrary to the popular belief that it gave the people of J&K a special status, Article 370 denied the people of J&K access to several basic socio-economic benefits that were available to other people living across India.

Post October 31, 2019, when Parliament passed an act to create two separate Union Territories (J&K and Ladakh) out of the erstwhile state, there has been a mission-based inclusive and conscientious joint effort by the Centre and the UT administration to improve development parameters, introduce citizen welfare-oriented policies and transparent governance.

It wouldn’t be far-fetched to say that the development paradigm between 2019 and now has been consistently based on Prime Minister Narendra Modi’s vision of “Sabka Saath, Sabka Vikas, Sabka Vishwas and Sabka Prayas”.Today, over 7,70,000 young Kashmiris have benefited from the local administration’s self-employment and entrepreneurial training schemes.

In fiscal 2022-23 alone, nearly 252 projects and development works are being completed per day. The number of infrastructural projects completed during a financial year has risen from 9,229 in 2018 to over 92,560 in 2022-23, with approximately the same capital expenditure.

Data reveals that over Rs.1.50 lakh crores has been allotted for new road construction across J&K. Healthcare is now a priority. J&K today has two All India Institutes of Medical Sciences (AIIMS), seven new medical colleges, two state-run cancer institutes, 3,000 health and wellness centres and several nursing colleges. Universal health insurance for all families under the PMJAY-SEHAT Scheme has also been introduced.

In the tourism sector, the administration is developing 75 new destinations, 75 Sufi and other religious sites, 75 new cultural and heritage sites and 75 new trekking tracks as part of its “Tourist Mission” initiative.

The Indian Railways is speeding up train connectivity between the Kashmir Valley and the rest of India. So far, railway lines have been operationalised between Jammu-Udhampur-Katra in the Jammu region and Baramulla-Banihal in the Kashmir Valley. It includes the construction of the world’s tallest railway bridge across the Chenab River.

The Zojila Tunnel, Asia’s longest, which will ensure all-weather connectivity between Kashmir and Ladakh is a work in progress. So far, over 35 per cent of the work on the main tunnel has been completed. It is anticipated that the project will be completed by 2026. It will indeed be a technological and engineering marvel, given the challenging geographical terrain.

There is no doubt that operationalising railway lines, road and power projects will fundamentally alter J&K’s economic interactions with the rest of India and the world outside.

The Supreme Court, through its landmark ruling, has placed the onus of responsibility on the Centre and the Election Commission of India to urgently restore J&K’s statehood and conduct polls in the region by September 30, 2024. Through this judgment, India’s judiciary has demonstrated that it’s not only fiercely independent but also committed to ensuring that J&K gets back its statehood and its people are soon able to choose their leaders.

With the Supreme Court upholding the abrogation of Article 370, a glaring paradox in the Indian constitution and a democratic anomaly has finally been laid to rest and with this, the often-used phrase that ‘From Kashmir to Kanyakumari, India is one’ has now become a fact!

The author is Editor Brighter Kashmir, author, TV commentator, political analyst and columnist.Email: [email protected]

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