The Hindu Editorial

14-December-2023

1. Article 370 judgment is a case of constitutional monism

Topic: GS2 – Indian polity – Supreme Court judgements. This topic is not much relevant in the context of Prelims but more for mains perspective.

Context:

The Supreme Court of India, endorsing a monist interpretation, upheld the abrogation of Article 370 in Jammu and Kashmir. The judgment overlooks federal principles, granting unbridled power to the President, and subordinates the state’s sovereignty to the nation’s collective will, setting a concerning precedent for Indian federalism.

 Federalism and Constitutional Sovereignty:

• The Court’s monist interpretation sees the Union Constitution as the exclusive holder of internal and external sovereignty.
• Article 370 provided a framework for power distribution between Union and State governments, acknowledged by J&K Constituent Assembly.
• The Court neglects the shared sovereignty model, emphasizing a binary view of sovereignty, contrary to federal principles.
• The State’s legislature had powers within its residuary sovereignty, a concept overlooked by the Court.

Contingency of Presidential Power:

• The Court’s monism is evident in its reading of Article 370, rejecting the permanence argument after the Constituent Assembly dissolution.
• Clause 3’s interpretation overlooks the contingent nature of presidential power, requiring Constituent Assembly recommendation.
• The Court claims unbridled power for the President to abrogate Article 370, undermining federalism and constitutional democracy.

State’s Views on its Future:

• The monist perspective treats popular sovereignty as a monolith, asserting Parliament’s role in deciding the fate of a State.
• The Court holds that the State’s views are non-binding, subordinating the people’s sovereignty to the nation’s collective sovereignty.
• Concerns arise as J&K historically had a higher threshold for reorganization, and the Court’s stance diminishes the State’s agency.

Overall Implications:

• The Court’s monist reading of the Constitution supports Article 370’s abrogation, diminishing the significance of J&K’s unique status.
• The judgment puts a stamp of approval on silencing and rendering inconsequential the voice of the people of J&K.
• Federalism in India faces a potential dangerous precedent, with the Court emphasizing a centralized and unbridled exercise of power.

Supreme Court Judgement on Article 370 (December 11, 2023):

• Outcome: Constitution bench of five senior judges upheld the validity of the Union government’s 2019 action to abrogate Article 370. This means Article 370, which granted special status to Jammu and Kashmir (J&K), is no longer in effect. Key points of the judgment: • Article 370 was a temporary provision: The court reiterated that Article 370 was a temporary and transitional provision meant to facilitate J&K’s accession to India. •  Parliament’s power under Article 370(3): The court upheld the President’s power under Article 370(3) to issue a constitutional order abrogating or modifying the article. However, it clarified that this power cannot be used arbitrarily and must be exercised within the constitution’s framework. • Validity of 2019 actions: The court found the procedural steps taken by the Union government in 2019, including the Presidential order and parliamentary resolutions, to be constitutionally valid. Implications: • J&K is now fully integrated with the Indian Union, subject to the same laws and constitution as other states. •        The special rights and privileges enjoyed by J&K residents under Article 370 are no longer in force.

•   PYQ: Critically examine the historical context and rationale behind the inclusion of Article 370 in the Indian Constitution. Discuss the challenges and opportunities it posed for India’s integration of Jammu and Kashmir. 2022 UPSC Mains (Optional Paper – Political Science & International Relations)

Practice Question: How does the Supreme Court’s monist interpretation in the Article 370 case impact Indian federalism and state sovereignty?

2. Gaza, a new pointer to India’s changed world view.

Topic: GS2 – International relations – Indian foreign policy. This topic is not much relevant in the context of Prelims but more for mains perspective.

Context:

India’s evolving foreign policy amid the Israel-Gaza conflict reflects historical anti-colonial sentiments. While India initially supported a one-state solution, warming ties with Israel occurred due to shared security concerns. Recent shifts, including a UN vote and participation in geopolitical dialogues, indicate a changing global stance under Prime Minister Modi.

 Post-Independence Foreign Policy:

• Guided by anti-colonial sentiments, India pursued “strategic autonomy” and non-alignment during the Cold War.
• Moralistic stance against imperialism sometimes led to anti-western positions, aligning with the USSR on global platforms.

Historical Stand on Israel-Palestine:

• Initially voted against the partition of Palestine in 1947, favoring a secular, single state for Jews and Arabs.
• Delayed formal recognition of Israel, maintaining consular relations for over four decades.

Turning Point and Strengthening Ties:

• Growing threat of Islamic militancy prompted warming relations with Israel due to shared security concerns.
• India recognized the PLO in 1974 and the Palestinian state in 1988 while upgrading relations with Israel in 1992.

Recent Shifts in India-Israel Relations:

• Enhanced cooperation in defense, intelligence, and technology underpins the strengthening of ties.
• Prime Ministers Modi and Netanyahu’s close relationship signifies increased diplomatic warmth.

India’s Response to Israel-Gaza Conflict:

• Initially expressed swift solidarity with Israel after a terror attack.
• Evoked criticism for one-sided support, prompting a subsequent statement supporting a two-state solution for Israel and Palestine.
• India’s UN vote abstention, initially pro-Israeli, later aligned with the majority for a ceasefire.

Changing Dynamics in Foreign Policy:

• India’s foreign policy shifts, including closer ties with the U.S. and participation in new geopolitical dialogues, indicate evolving priorities.
• The rise of China contributes to a reassessment of global partnerships and strategic alignments.

Conclusion:

• Gaza conflict highlights a perceptible change in India’s worldview, with potential implications for its global positioning.
• The Abraham Accords and India’s participation in geopolitical dialogues signal a broader reorientation in India’s foreign policy.

 

•   PYQ: Discuss the challenges of implementing a two-state solution in the Israel-Palestine conflict. (150 words). 2021 UPSC Mains

Practice Question: How has India’s foreign policy evolved in response to the Israel-Gaza conflict, considering historical positions and recent geopolitical shifts?

 

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