The Supreme Court of India has issued a directive to the Election Commission to ensure that elections for the Legislative Assembly of Jammu and Kashmir are conducted by September 30, 2024. This decision comes in the wake of the Court’s hearing on a batch of petitions challenging the abrogation of Article 370, which previously granted special status to Jammu and Kashmir.
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The five-judge Constitution bench, led by Chief Justice DY Chandrachud, emphasized the importance of direct elections as a fundamental aspect of democracy. The bench stated,
“We direct that steps shall be taken to conduct elections for the Legislative Assembly of Jammu and Kashmir by September 30, 2024, and statehood shall be restored as soon as possible.”
This ruling aligns with the views expressed by Karan Singh, the first Governor of the erstwhile state of Jammu and Kashmir. Singh, commenting on the Supreme Court’s decision, advocated for the restoration of statehood before holding assembly elections. He reasoned that voting for a Union Territory and then transitioning to a state would be illogical. Singh welcomed the court’s order, stating that it “ends the uncertainty for the people” and commended the judges for their thorough examination of the contentious issue.
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The last assembly elections in Jammu and Kashmir were held in 2014, leading to a coalition government formed by the People’s Democratic Party (PDP) and the BJP. However, the alliance collapsed in 2018, resulting in the dissolution of the assembly and the imposition of Governor’s Rule. Subsequently, on August 5, 2019, the Centre revoked Article 370, bifurcating the state into the Union Territories of Jammu and Kashmir, and Ladakh.
Since the scrapping of Article 370, local elections have been conducted in the region, including the 2020 District Development Council polls and the Ladakh Autonomous Hill Development Council (LAHDC)-Kargil election held earlier this year.
The Supreme Court’s directive to hold assembly elections by September 2024 and restore statehood at the earliest marks a significant step towards re-establishing democratic processes in Jammu and Kashmir. This move is seen as crucial in bringing the region on par with other states in India and addressing the political and administrative changes that have occurred since the abrogation of Article 370.
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