Mehbooba Mufti Finds Satisfaction in Supreme Court’s Article 370 Arguments: A Test of Jammu and Kashmir’s Historic Decision
Mehbooba Mufti Applauds Ongoing Article 370 Proceedings, Sees it as a Litmus Test for J&K's Integration
09-08-2023 : Mehbooba Mufti, the leader of the PDP, expressed her satisfaction regarding the ongoing arguments in the Supreme Court concerning the abrogation of Article 370. However, she emphasized that this legal discourse is a crucial test of Jammu and Kashmir’s historic decision to accede to India. The Supreme Court is currently reviewing multiple petitions challenging the nullification of Article 370 and the enactment of the Jammu and Kashmir Reorganisation Act, 2019, which resulted in the formation of two Union territories—Jammu and Kashmir, and Ladakh.
Mufti highlighted that these arguments resonate with the concerns she and the PDP have been raising since 2019. She pointed out that the Supreme Court is fortunate to engage in these discussions without any hindrance, whereas the people of the region are either detained or placed under house arrest for voicing similar arguments. Specifically, she contended that the decision made in Parliament seemingly disregarded the Constitution, which raises serious questions about the democratic process.
The former chief minister of Jammu and Kashmir asserted that the ongoing debates in the apex court underscore a critical point: Parliament lacks the authority to revoke Article 370 until the constituent assembly of Jammu and Kashmir recommends such action to the President. Mufti criticized the past establishment of a “constituent assembly” by then-Governor Satya Pal Malik, along with his advisors being appointed as the council of ministers, labeling it a profound deception and betrayal of constitutional values.
Mufti expressed her satisfaction with the open dialogue occurring in the Supreme Court. She acknowledged the prominent lawyers, including Kapil Sibal, who are advocating openly for the idea that Article 370 cannot be terminated even if there are 500 Members of Parliament, unless the constituent assembly of Jammu and Kashmir supports such an action. She highlighted the significance of Chief Justice of India Justice D Y Chandrachud’s acknowledgment of Sheikh Mohammad Abdullah’s visionary decision to align with India.
Regarding the praise for Abdullah’s decision, Mufti sees the current proceedings as a test of his foresight in aligning with India and rejecting the two-nation theory. She questioned whether Abdullah’s choice was correct given the guarantees made by the Indian government and the Constitution to uphold Jammu and Kashmir’s unique identity. Mufti believes that the ongoing legal discussions serve as a measure of the correctness of Abdullah’s decision.
Mufti confessed that she hasn’t mustered the courage to sit through the Supreme Court hearings. She disclosed that many well-wishers have questioned her absence and explained that Article 370 holds deep sentimental significance for her and the majority of the people in Jammu and Kashmir. She mentioned that, personally, she lacks the strength to attend the court sessions and listen to the discussions due to the emotional connection she shares with the matter. She highlighted the dilemma she faces: whether to confront the arguments against Article 370 or not.
