New Delhi, Jan 20: Senior Congress leader Salman Khurshid on Monday said the Supreme Court missed a significant opportunity to examine federalism in its strongest form while deciding the Article 370 case, as it relied on the government’s assurance regarding the restoration of full statehood to Jammu and Kashmir.
Khurshid made the remarks while speaking at the launch of two books by journalist and author Bashir Assad titled Kashmir: The Unfiltered Truth and House Without Witness. He said that although the Constitution highlights values such as fraternity, equality and liberty, the principle of federalism has often not received sufficient focus in judicial interpretation.
According to Khurshid, the Article 370 case presented a rare and crucial moment for the Supreme Court to test federalism in its extreme form. However, he said the court chose not to delve deeper into the issue after accepting the assurance conveyed by the Attorney General that Jammu and Kashmir’s full statehood would be restored at the earliest.
On December 11, 2023, the Supreme Court unanimously upheld the Centre’s decision to revoke Article 370, which had granted special status to the erstwhile state of Jammu and Kashmir, while directing that statehood be restored as soon as possible.
Explaining the idea of federalism, Khurshid described it as unity in diversity and said India’s strength lies in its varied languages, cultures and ways of life, all bound together by shared constitutional values. He disagreed with the notion that uniformity is essential for national strength, but acknowledged that differing opinions are a natural part of a democratic society.
He stressed that accepting views one may not agree with is essential to democracy and that a diversity of ideas and respectful exchange of opinions are central to India’s national character.
Rajya Sabha MP Manoj Sinha, who also spoke at the event, praised the books for presenting an honest and unfiltered perspective on Kashmir. He said it was time the voices of Kashmiris were genuinely heard, noting that those in positions of power often speak about them rather than engage with them directly.
Sinha also said Kashmir is frequently romanticised as a region, while the lived experiences of its people are overlooked. He said Kashmiris have endured pain and suffering but continue to hold on to hope, adding that society must be willing to confront discomfort while embracing hope.
