Senior Congress leader Salman Khurshid criticised the Supreme Court for missing a crucial opportunity to examine federalism in its “extreme form” during the Article 370 case, after accepting the government’s assurance on the restoration of Jammu and Kashmir’s full statehood.
Speaking at the launch of two books by journalist Bashir Assad, Kashmir: The Unfiltered Truth and House Without Witness, on Monday, Khurshid said that while the Constitution upholds fraternity, equality, and liberty, federalism has often not received adequate attention in judicial interpretation.
He said, “Federalism is something we perhaps lost out on when there was a chance for the SC to take up what was a true test case of federalism. There was a crucial moment when an Article 370 matter came before the SC to examine federalism in its extreme form. However, on the government’s assurance, conveyed by the Attorney General, that Jammu and Kashmir’s full statehood would be restored swiftly, the court felt that it need not go into the idea and trouble the world with its examination of federalism.”
On December 11, 2023, the Supreme Court had unanimously upheld the revocation of Article 370, which granted special status to Jammu and Kashmir, while ordering that its statehood be restored “at the earliest.”
Khurshid described federalism as “unity in diversity” and emphasised that India’s strength lies in its linguistic, cultural, and regional diversity, bound together by shared values. He rejected the notion that uniformity is essential for national strength, noting that a diversity of views and respectful exchanges are integral to India’s democratic ethos.
“Because we would be untrue to ourselves if we did not accept someone expressing what we might not agree with, which is another idea — a different idea. Therefore, a diversity of ideas and the exchange of ideas are important to us, and we must engage with such expressions of our nationhood with respect and understanding,” Khurshid said.
Rajya Sabha MP Manoj Sinha, also speaking at the event, praised the books for presenting “unfiltered thought” and highlighted the importance of listening to Kashmiris rather than speaking for them. He noted that while Kashmir is often romanticised as a territory, the people themselves are frequently overlooked.
Sinha said, “Kashmiris experience pain, agonies, and suffering, but they also hold on to hope. Agony might make us uncomfortable, but we should be comfortable with hope.”
