The Supreme Court is scheduled to hear a plea on August 8 seeking the restoration of statehood to Jammu and Kashmir. This comes after senior advocate Gopal Sankaranarayanan mentioned the matter to a bench of Chief Justice of India (CJI) B.R. Gavai and Justice K. Vinod Chandran, requesting that the hearing date not be removed from the court’s website.
This hearing coincides with the sixth anniversary of the abrogation of Article 370 in 2019, which had granted special status to the region. While the Supreme Court unanimously upheld the revocation of Article 370 on December 11, 2023, it also directed that statehood be restored to Jammu and Kashmir “at the earliest.” Additionally, the court ordered that assembly elections be held by September 2024.
A plea filed by Zahoor Ahmad Bhat and Khurshaid Ahmad Malik argues that the delay in restoring statehood violates the principle of federalism, a part of the basic structure of the Constitution. The petitioners highlight that peaceful Lok Sabha and assembly elections were conducted in the region, indicating that there are no security concerns to prevent the restoration of statehood. They contend that the continued status as a Union Territory is harming the region’s development and democratic rights.
The plea asserts that despite the Supreme Court’s directive, the Centre has not provided a timeline for restoring statehood. It concludes that Jammu and Kashmir needs a strong federal structure to support its development and preserve its unique culture.
In its 2023 ruling, the Supreme Court determined that Article 370 was a temporary provision. It affirmed that the President of India had the authority to revoke it, even in the absence of the state’s Constituent Assembly, which had ceased to exist in 1957.
