India’s Supreme Court Ruled In Favor Of Ending The Constitutional Privileges Of Kashmir

In a recent verdict, India’s supreme court ruled in favor of ending the constitutional privileges of Kashmir, sparking concerns about the state of the rule of law in the nation. This decision, stemming from Prime Minister Narendra Modi’s government scrapping Article 370 in 2019, highlights a disconcerting shift in the judiciary’s role amid India’s transformation into an authoritarian, ethnonationalist state.

Once celebrated for its independence, the supreme court’s stance on the Kashmir issue has raised questions about its commitment to upholding the rule of law. The controversial ruling acknowledged the illegality of ending Kashmir’s autonomy but paradoxically upheld the scrapping of its constitutional privileges. Critics argue that the verdict’s contradictory reasoning and perceived subservience to the government indicate a troubling departure from the court’s historical role.

Prominent political commentator and civil-rights lawyer Prashant Bhushan expressed his concerns, stating that the judgment marked the fall of “the last pillar of Indian democracy.” He criticized the court for seemingly endorsing the government’s actions and constructing arguments post hoc to justify its conclusions. The ruling’s implications extend beyond Kashmir, casting a shadow over the fabric of Indian federalism.

India’s diversity and complexity have been held together by a constitution lauded as a postwar-era achievement. However, the recent judgment suggests a willingness by the court to condone a centralization of power, undermining the delicate balance between federal and state authorities. This move poses a threat to the principles that have historically bound together a nation as diverse as India.

As citizens and legal experts grapple with the aftermath of this controversial ruling, the broader implications for India’s democratic foundations remain a cause for concern. The erosion of checks and balances and the perceived surrender of the judiciary to political influence underscore the need for a vigilant defense of the rule of law to safeguard the very essence of India’s democratic ideals.