SC upholds Article 370 for J&K: What it means for state's elections

The Supreme Court issued its decision on a slew of petitions challenging the repeal of the Article 370 provisions on Monday (December 11).

According to top government sources, Jammu and Kashmir will be granted complete statehood as a union territory following the elections, reported News18.

Sources told the publication,“The government has no issue in restoring the statehood for Jammu and Kashmir (J&K). It was withdrawn at the time of abrogation of Article 370 over legal and technical issues.”

They went on to say that their laws were different from the rest of the country. There was previously no provision for the Indian Penal Code (IPC) or for women's property rights; labour laws were also not on par with the rest of India, they added.

There was no provision for those who came from Pakistan after 1947 to become members of the panchayat or to participate in voting, they added. They added that power was transferred to the Lieutenant-General and the Central government in order to level J&K with the rest of the nation. The statehood can be given, after the reforms, they said.

While unanimously supporting the Union government's decision to reorganize J&K and to repeal Article 370, which granted the former state special status, the Supreme Court also ordered the government to promptly restore statehood to the Union Territory and hold elections to elect a new assembly by September 2024.

The Union government is committed to following the Supreme Court's order to hold Assembly elections in Jammu and Kashmir, but the timeline for the process will be determined by the Election Commission, a senior BJP functionary said on Monday, reported HT.

According to sources, party leaders have ruled out holding elections in J&K concurrently with the Lok Sabha elections early next year, citing security concerns and other logistical constraints, the publication said.

Speaking under anonymity, a senior party official stated that although the party is prepared to contest in elections in the state where the process of creating constituencies through delimitation has been finished, panchayat and urban local body elections must be held first.

The leader stated that it would not be possible to hold elections in conjunction with the Lok Sabha polls under such circumstances.

“The term of the panchayats will be over in January; it will not be possible to hold polls in quick succession. The urban local body elections have also been delayed owing to the need to provide reservation. After the abrogation of Article 370, all the provisions of the Constitution are applicable to the UT, including reservation for OBCs. The GD Sharma Commission constituted by the J&K government has made its recommendations that are awaiting implementation,” the leader added.

The annual Amarnath Yatra, which takes place in the summer, is another obstacle to early polling. The first leader clarified that in order to retain security personnel assigned for the exercise, polling could be scheduled after the 50–60 day Hindu pilgrimage, which usually takes place in July or August.

Another leader, referring to the security requirements, stated that a detailed security mapping of the region is required for the polling process to run smoothly.

He went on to say that it might be challenging to mobilise the ground forces if the elections fall on the same day. He added that polling duty requires about 80-90 companies of personnel.

The ministry has stated that statehood for Jammu and Kashmir will be granted when the time is right, according to a representative of the home affairs department. The official stated that statehood will be reinstated following the delimitation process and elections, as stated by Union Home Minister Amit Shah on several occasions.

After the PDP-BJP coalition government fell in June 2018, J&K was governed by the governor before becoming a UT.