The Supreme Court is set to hear a plea on Thursday seeking the restoration of statehood to Jammu and Kashmir.
A bench comprising Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran is likely to take up the matter, according to the causelist.
On December 11, 2023, the Supreme Court had unanimously upheld the revocation of Article 370, while directing that assembly elections be held in Jammu and Kashmir by September 2024 and that the statehood be restored “at the earliest.”
The plea was filed last year by Zahoor Ahmad Bhat, an academician, and Khurshaid Ahmad Malik, a socio-political activist, seeking directions to the Centre to restore J&K’s statehood within two months.
“It is submitted that the delay in restoring statehood would lead to a significant weakening of democratically elected governance in Jammu and Kashmir, resulting in a serious violation of federal principles that form part of the basic structure of the Constitution of India,” the plea stated.
It noted that both the assembly elections and the Lok Sabha polls were conducted peacefully in Jammu and Kashmir, without any reports of violence, disturbances, or security concerns.
“Therefore, there are no security or law-and-order impediments that could hinder or prevent the restoration of statehood to Jammu and Kashmir, as had been assured by the Union of India in the current proceedings,” the plea added.
The non-restoration of statehood, it argued, would result in a weakened form of elected democratic governance for the state, especially since the legislative assembly results were declared on October 8, 2024.
Despite the Supreme Court’s December 2023 directions to restore J&K’s statehood “at the earliest and as soon as possible,” the Centre has not provided any timeline for implementation, the plea claimed.
“Jammu and Kashmir has been functioning as a Union Territory for nearly five years, causing substantial obstacles and losses to its development and impacting the democratic rights of its citizens,” the plea said.
The December 2023 verdict had observed that Article 370, introduced in 1949 to grant special status to Jammu and Kashmir, was a temporary provision. The President of India was empowered to revoke it in the absence of the Constituent Assembly of the erstwhile state, which had its term end in 1957, the court noted. (Agencies)
