By Syed Faizan Bukhari
The history of governance of this country shows, beyond reasonable doubt, as to how its policies in Jammu and Kashmir have set into motion a process of deinstitutionalisation.
The constitutional project is about remedying this deinstitutionalisation. The Court’s project is about enabling the formation of robust institutions where people find a space to express their aspirations and seek remedies against the excesses of the government.
By abdicating its responsibility, the Supreme Court has effectively failed the design of contemporary, modern, constitutional India. When the apex court refuses to extend the constitutional, moral and legal arc to fundamental and basic human rights, the court effectively dismantles the ethic of constitutionalism. The authority and legitimacy of the court depends upon enforcing the limitations of the government and protecting the people. And the Supreme Court of India has failed Kashmiris once again by passing the buck onto the executive by constituting the farcical “special committee”.
Why should you be worried?
A: The process of deinstitutionalisation in Jammu and Kashmir continues to be an effective tool wielded in order to maintain the Union’s control. A policy that has been perfected in Kashmir over the years has now been introduced to the mainland. When your apex court becomes the enabler of the regime; democracy ceases to exist in effect.
B: The culmination of the process or deinstitutionalisation is armed insurgency – the signs of whose revival are already very clear. Neither the Supreme Court nor the champions of this government’s “iron-handed” Kashmir policy realise how their transgressions are setting the stage for a new wave of armed insurgency in the Kashmir valley.