New Delhi, Jan 20: Senior Congress leader Salman Khurshid has criticised the Supreme Court for missing a crucial opportunity to examine federalism in its “extreme form” during the Article 370 case. He said the court relied on the government’s assurance regarding the restoration of Jammu and Kashmir’s full statehood instead of delving into the broader federalism question.
Speaking at the launch of two books by journalist writer Bashir Assad Kashmir: The Unfiltered Truth and House Without Witness Khurshid argued that while India’s Constitution emphasises fraternity, equality, and liberty, federalism has often been overlooked in judicial interpretation.
“Federalism is something we perhaps lost out on when there was a chance for the SC to take up what was a true test case of federalism,” Khurshid said. “However, on the government’s assurance, conveyed by the Attorney General, that Jammu and Kashmir’s full statehood would be restored swiftly, the court felt it need not examine federalism in depth.”
On December 11, 2023, the Supreme Court unanimously upheld the revocation of Article 370, which granted special status to the erstwhile state of Jammu and Kashmir, while directing that its statehood be restored “at the earliest.”
Khurshid described federalism as “unity in diversity” and stressed that India’s strength lies in its different languages, cultures, and ways of life, all bound by shared values. He cautioned against equating national strength with uniformity, noting that a diversity of ideas and respectful debate are central to India’s democratic ethos.
“Because we would be untrue to ourselves if we did not accept someone expressing what we might not agree with,” he said. “A diversity of ideas and the exchange of ideas are important to us, and we must engage with such expressions of our nationhood with respect and understanding.”
Rajya Sabha MP Manoj Sinha, also present at the book launch, lauded Assad’s work for presenting “unfiltered thought” and emphasised the importance of listening to Kashmiris rather than merely talking about the region.
“After reading this book and others on Kashmir, we often overlook what it truly means to live through these experiences. Kashmiris endure pain and suffering, but they also hold on to hope,” he said. “Agony may make us uncomfortable, but we should be comfortable with hope.”