Rajya Sabha MP Kapil Sibal has labeled Jammu and Kashmir’s transition from statehood to a Union Territory as a “constitutional misdemeanour,” calling for its restoration. He stated, “It was wrong for the Supreme Court not to have decided that issue. Time to restore statehood. This is the constitutional right of the people of J-K.”
New Delhi: Rajya Sabha MP Kapil Sibal has made headlines with his bold assertion that the change in status of Jammu and Kashmir from a state to a Union Territory represents a “constitutional misdemeanour.” His statement emphasizes the pressing need to restore the state’s previous status, highlighting a growing sentiment among political leaders regarding the future of Jammu and Kashmir.
In a post on X, Sibal stated,
“It was a constitutional misdemeanour to have reduced the state of J-K to a Union Territory. It was wrong for the Supreme Court not to have decided that issue. Time to restore statehood. This is the constitutional right of the people of J-K.”
This declaration not only calls into question the legality of the region’s current status but also echoes the concerns of many residents who feel disenfranchised since the change took place in 2019.
The reorganization of Jammu and Kashmir into two Union Territories—Jammu & Kashmir and Ladakh—followed the revocation of its special status under Article 370 of the Indian Constitution. The shift has been met with widespread criticism from various political leaders and activists who argue that the decision undermines the democratic rights of the region’s residents.
Sibal’s comments came just a day after Omar Abdullah, a prominent leader of the National Conference (NC), took oath as the Chief Minister, marking the first elected government in the Union Territory since the constitutional changes in 2019. Abdullah, along with his council of ministers, was administered the oath of office by Jammu and Kashmir’s Lieutenant Governor Manoj Saxena at the Sher-i-Kashmir International Convention Centre (SKICC) in Srinagar.
The need for restoration of statehood was further amplified during Abdullah’s swearing-in ceremony. Rahul Gandhi, the Leader of Opposition in the Lok Sabha, expressed that the formation of the government without statehood felt incomplete. His statement underscores the prevailing sentiment among political leaders that true governance in Jammu and Kashmir cannot be achieved without recognizing its full statehood.
In a significant development, the Supreme Court of India has also agreed to hear an application seeking the restoration of Jammu and Kashmir’s statehood within two months. Advocate Gopal Shankarnarayan mentioned the urgency of the matter, leading the bench headed by Chief Justice of India DY Chandrachud to agree to list the case for hearing. This move by the Supreme Court could potentially pave the way for a legal challenge to the current status of Jammu and Kashmir.
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The discussions surrounding statehood for Jammu and Kashmir are not just political; they also resonate deeply with the region’s cultural and historical context. The residents of Jammu and Kashmir have long cherished their identity and autonomy, which many believe were compromised by the transition to a Union Territory. The restoration of statehood is seen by many as a crucial step toward healing the historical wounds and restoring the trust of the people in the democratic process.
Kapil Sibal’s remarks reflect a broader call for justice and recognition of the rights of the people of Jammu and Kashmir. As political leaders push for the restoration of statehood, the upcoming hearings in the Supreme Court will be pivotal in determining the future of the region and its people. The demand for statehood is not merely a political issue; it is a matter of restoring dignity, rights, and representation for the residents of Jammu and Kashmir.
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