Today, On 17th October, The Supreme Court set to hear a plea seeking the restoration of Jammu and Kashmir’s statehood. This petition calls for the reinstatement of the region’s status, which was downgraded to a Union Territory following the abrogation of Article 370 in 2019. The plea highlights concerns over the prolonged delay in restoring statehood. The court’s decision could significantly impact the region’s political landscape.
New Delhi: The Supreme Court, On Thursday, agreed to schedule a hearing for an application seeking the restoration of Jammu and Kashmir’s statehood within two months.
Advocate Gopal Shankarnarayan raised the request for an urgent listing, and Chief Justice of India DY Chandrachud, heading the bench, confirmed that the case would be listed.
The application stresses the need for “appropriate directions” to ensure the restoration of Jammu and Kashmir’s statehood in a timely manner, as previously promised by the Union of India.
Read Also: Article 370 Abrogation: Review Petition filed against Supreme Court Verdict
Filed by college professor Zahoor Ahmed Bhat and activist Khurshaid Ahmad Malik, the petition highlights that despite assurances from the Solicitor General regarding the state’s restoration, no concrete steps have been taken in the ten months following the Supreme Court’s judgment on the abrogation of Article 370.
The application, submitted through advocate Soyaib Qureshi, is part of the disposed case in which the Supreme Court upheld the revocation of Jammu and Kashmir’s special status under Article 370.
The applicants, described as “conscious citizens of Jammu and Kashmir,” expressed their grievance over the lack of action to restore the region’s statehood, despite the Supreme Court’s order dated August 11, 2023.
The application stated,
“Even after 10 months, no steps have been taken to restore Jammu and Kashmir’s status as a state, which is gravely affecting the rights of its inhabitants and violating the basic structure of federalism.”
It is for this reason, they explained, that they have filed the current application, seeking,
“Appropriate directions to the Union of India for the restoration of statehood to Jammu and Kashmir within a time-bound period of two months.”
The application further warned that if such directions are not issued promptly, it would cause “grave harm to the federal structure of the country.” Citing the recent peaceful elections in Jammu and Kashmir, the application argued that,
“The formation of the Legislative Assembly before restoring statehood would violate the concept of federalism, which is part of the Constitution’s basic structure.”
It also stated that there would be no security concerns if the Supreme Court were to issue directions for statehood restoration within a set timeframe.
The delay in restoring statehood, the application added,
“Would lead to a serious reduction in democratically elected governance in Jammu and Kashmir, causing a significant violation of federalism.”
The applicants also contended that converting Jammu and Kashmir into two Union Territories resulted in “a lesser form of elected government,” soon to be formed after the Legislative Assembly results. They emphasized that further delays in restoring statehood would cause “grave prejudice” to the citizens, violating their fundamental rights and undermining Jammu and Kashmir’s democratic structure and territorial integrity.
Read Also: Supreme Court Orders Jammu and Kashmir Assembly Elections by 2024
The application stressed,
“For Jammu and Kashmir, which has historically maintained a federal relationship with the Union of India, it is of utmost importance that statehood is restored,”
Adding that this would allow the region to “enjoy autonomy in their individual identity and play a key role in the overall development of the country.”