A plea submitted to the Supreme Court seeking the restoration of Jammu & Kashmir’s statehood. The petition argues that forming a Legislative Assembly before restoring full statehood would undermine the principle of federalism. It contends that restoring statehood is essential to maintain the region’s autonomy and democratic integrity.
New Delhi: An application submitted to the Supreme Court, seeking the restoration of Jammu & Kashmir’s statehood within a specific timeframe, arguing that assembly election results in the Union Territory would hold little significance without statehood being reinstated.
The petition, filed by college teacher Zahoor Ahmed Bhat and activist Khurshaid Ahmad Malik, asserts that the delay in restoring Jammu & Kashmir’s statehood is severely impacting the rights of its citizens.
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Citing the recently concluded elections in the region, the plea, submitted by Advocate on Record Soayib Quresi, argues that forming a Legislative Assembly before statehood is restored would undermine the principle of federalism, which is a fundamental aspect of India’s Constitution.
The petitioners further state that, given the peaceful conduct of the recent elections, there should be “no security concerns” if the Supreme Court were to issue a directive to restore statehood within a set timeframe.
The petition also argues that converting the State of Jammu & Kashmir into two Union Territories resulted in the region receiving a diminished form of democratic governance. This form of governance, which will soon come into effect once the Legislative Assembly results are announced, is seen as a step down from what the state previously had.
Bhat asserts that Jammu & Kashmir historically maintained a federal relationship with the Union of India. He emphasizes the importance of restoring statehood so that,
“The region can enjoy autonomy in their individual identity and also contribute significantly to the overall development of the country.”
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Earlier this year, in May, the Supreme Court dismissed review petitions challenging its December 2023 ruling, which upheld the removal of Article 370, a provision that granted special status to Jammu & Kashmir.
The court reasoned that Article 370 was always intended as a “transitory provision.”
The Constitution Bench, however, refrained from ruling on the legality of the 2019 legislation that led to the bifurcation of Jammu & Kashmir into two Union Territories following the abrogation of Article 370.
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