India’s top court declines to draw parallels between Brexit and Kashmir
NEW DELHI, India – India’s Supreme Court observed that a referendum comparable to Brexit is not possible in the disputed state of Jammu and Kashmir.
The court was considering petitions against the repeal of Article 370 of the Indian Constitution, which had granted special status to the disputed region.
The provision was struck down by Prime Minister Narendra Modi’s Hindu nationalist government on Aug. 5, 2019.
The hearings started from Aug 2 and will continue till the end of this month.
During Tuesday’s hearing, senior counsel Kapil Sibal said the repeal of Article 370 in 2019 was a political act, similar to Brexit.
He said in case of Brexit the opinion of U.K. citizens was sought through a referendum in 2016.
Following this referendum, the U.K. left the EU in 2020, ending the country’s four-decade membership in the bloc.
Chief Justice Dhananjaya Yeshwant Chandrachud, however, noted that in a constitutional democracy, the opinion of the people must be sought through established institutions.
India also divided the state into two centrally governed union territories, now called Jammu and Kashmir and Ladakh.
The Muslim-majority region of Kashmir is claimed in full by both Pakistan and India, but is only partially ruled.
Islamabad considers New Delhi’s move illegal in 2019 and has since downgraded diplomatic relations and suspended trade.
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