Legal experts assert that restoring statehood to Jammu and Kashmir (J&K) will not necessitate dissolving the newly elected legislative assembly, which secured a majority in October 2024. The assembly will continue functioning irrespective of statehood restoration, a key demand amid rising calls for full state governance following the abrogation of Article 370.
New Delhi: The future restoration of statehood to Jammu and Kashmir (J&K) by the central government will not affect the status of the newly elected legislative assembly, according to legal experts. This comes amid increasing demands for the restoration of J&K’s statehood, a key electoral promise of the Jammu and Kashmir National Conference, which secured a majority in the 90-member assembly today, on October 9, 2024.
No Need for Assembly Dissolution, Experts Affirm
In response to concerns about what would happen to the newly constituted legislative assembly if the Centre decides to restore statehood, senior lawyer and constitutional expert Rakesh Dwivedi has clarified that it will not be necessary to dissolve the assembly. He emphasized that the legislative body would continue functioning as a state assembly without any need for fresh elections.
Dwivedi noted,
“A parliamentary law amending the existing one made after the abrogation of Article 370 would suffice. Even if two states were to be created out of Jammu and Kashmir, the procedure would involve a State Reorganisation Act under Articles 3 and 4 of the Constitution.”
Similar Opinions from Legal Circles
Senior advocate Gopal Sankaranarayanan echoed similar views, asserting that the restoration of statehood would not have any bearing on the assembly’s current status.
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He added,
“The Legislative Assembly has already been constituted and would continue to function. There’s no need for any dissolution,”
These statements from constitutional law experts come at a crucial time, as the push for restoring Jammu and Kashmir’s statehood gains momentum. The National Conference, in alliance with the Congress, has made this one of its central demands, advocating for full statehood to be returned following the bifurcation of J&K into two union territories (Jammu and Kashmir, and Ladakh) after the abrogation of Article 370 in 2019.
Supreme Court Upholds Article 370 Abrogation
In December 2023, the Supreme Court upheld the 2019 revocation of Article 370, which had previously granted special status to Jammu and Kashmir. The verdict, penned by Chief Justice of India DY Chandrachud, emphasized that the Union Territory status of J&K is temporary, as Solicitor General Tushar Mehta had assured the court that statehood would be restored “at the earliest.”
The court also directed that assembly elections in J&K be held by September 2024, which was carried out successfully, marking a significant milestone in the region’s political process since its reorganization.
Calls for Restoration Grow Louder
Amid this backdrop, a growing clamor for statehood restoration has been heard across political and public forums in J&K. Just this week, an application was filed in the Supreme Court seeking directions to the central government to restore statehood within two months, further highlighting the urgency of the issue.
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While the Centre has expressed its intention to restore statehood, the timeline remains unclear. However, legal experts are certain that once statehood is restored, it will not disrupt the existing legislative processes or the structure of the newly elected assembly.
Conclusion
As Jammu and Kashmir moves forward from its past with the recent assembly elections, the restoration of statehood remains a critical issue. Legal experts’ reassurance that the legislative assembly’s status will remain intact offers a sense of stability during this transitional period. While the central government has committed to restoring statehood, the people of J&K await the next steps, hopeful for a return to full-fledged state governance.
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