The judicial authority in India to examine the legality of direct rule imposition in Kashmir

The Supreme Court in India began on Tuesday the hearing of an appeal against the decision to impose direct rule in Kashmir in 2019, which was accompanied by mass arrests and months-long internet shutdowns.

The Narendra Modi government revoked the limited self-rule guaranteed constitutionally for the disputed region.

The Supreme Court in New Delhi will examine the legality of this move, despite its lack of parliamentary approval, which is required before any constitutional changes can be made.

The Modi government defended the decision in a memorandum sent to the court on Monday, affirming that the change brought "peace, progress, and prosperity" to the volatile region.

However, Kashmiri politician Omar Abdullah, who assisted the National Conference party, to which he belongs, in filing the case, asserted that the government's reasoning behind this decision is baseless.

He tweeted that the court should "declare the actions as illegal and unconstitutional" and whether the government has a "sufficient political justification."

A judicial bench agreed to continue the case and adjourned it for oral arguments in August.

Kashmir is a mountainous region inhabited by a Muslim majority and divided between India and Pakistan, both of which claim sovereignty over the entire territory.

The Indian-administered part has witnessed unrest that has claimed tens of thousands of lives over the course of more than three decades.

India accuses Pakistan of training and supporting militants in Kashmir, a claim Islamabad denies.

Pakistan suspended trade and diplomatic relations with India in 2019 when New Delhi imposed direct rule on its controlled portion of Kashmir and implemented strict security measures.

Since 2019, the separatist rebellion in Indian-administered Kashmir has been largely quelled, although some young people continue to join the insurgency.

In 2022, 223 militants and 30 civilians were killed in the region, according to official data.

 

AFP