J&K integration not one of a kind, SC cites examples of other states

The Supreme Court of India on Tuesday observed that the Jammu and Kashmir bifurcation was no different from other Indian states that have undergone the same.

This was while on the twelfth day of hearing petitions challenging the abrogation of Article 370 in 2019, granting special status to Jammu and Kashmir.

The five-judge bench of Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant said the reorganisation of the state was not 'one of a kind' as was pointed out by Solicitor General Tushar Mehta, appearing for the Central government.

SG Mehta explained why the State of Jammu & Kashmir was different. "If Gujarat or Madhya Pradesh were to be bifurcated, the parameters would be different. But when it comes to Jammu and Kashmir, considering its strategic importance, border state, history of terrorism, history of infiltration, history of outside influence — there would be some considerations. We share borders with at least four countries, all of which may not be friendly, to put it mildly," Mehta said.

The CJI remarked that once the power of reorganisation was conceded to the Union in relation to every Indian state, how was one to ensure that the power would not be misused.

Mehta said that the J&K situation was one of a kind and it would not arise again.

However, Justice Kaul noted that India has many states that share borders with neighbouring countries; Jammu and Kashmir was no exception. He cited examples of Punjab and the North East to draw a comparison.

"It's not a one-of-its-kind situation. We have seen the northern border in Punjab — very difficult times. Similarly, some states in the North East. I understood your argument that these border states are in their own category. But how do you distinguish between Jammu and Kashmir and any other border states?" LiveLaw report quoted the Supreme Court judge.

Mehta said the situation in the State 'is a problem faced by the nation for decades, which we are sorting out'.

"I have given figures of deaths taking place every year. This is a problem faced by the nation for decades, which we are sorting out. There are several considerations — one of the considerations is how to bring youth into the mainstream. What we see today is a result of the blueprint we have," he said.

The court had on Tuesday sought a 'roadmap' to restoring electoral democracy in the region of Jammu and Kashmir.

While parting, the CJI asked whether the steps taken by the Union Government in August 2019 were "a logical step" to achieve integration.

"It is obvious that a substantial degree of integration had already taken place between 1950 and 2019 — in 69 years. And therefore, what was done in 2019, was it really a logical step forward to achieve that integration?" he asked.