Supreme Court Seeks Government Response On Jammu And Kashmir Statehood Restoration Plea
The petition, filed through advocate Soyaib Qureshi on behalf of academician Zahoor Ahmad Bhat and social activist Khurshaid Ahmad Malik, argues that the prolonged Union Territory status undermines federalism, which constitutes a fundamental feature of the Indian Constitution. The petitioners contend that successful peaceful assembly elections and general stability demonstrate that security concerns no longer justify the continued territorial status.
During Thursday's proceedings, the applicants' counsel, senior advocate Gopal Sankaranarayanan, referenced the Supreme Court's December 2023 ruling on Article 370's abrogation. He emphasized that the court had previously refrained from addressing statehood restoration only because the Solicitor General had assured that it would occur following elections. The petition seeks restoration within two months, though the petitioners expressed willingness to accept any reasonable timeline set by the court.
However, the proceedings took a significant turn when the bench referenced the April 22 Pahalgam terror attack, suggesting that ground realities must be considered in such decisions. Chief Justice Gavai noted that the court lacks comprehensive expertise in security matters and acknowledged that certain decisions fall within the government's prerogative to assess local conditions.
Solicitor General Tushar Mehta strongly opposed the petition, characterizing it as non-maintainable and arguing that multiple considerations influence such decisions. He questioned the timing of raising this issue and requested the matter be postponed for eight weeks, indicating the government's reluctance to commit to immediate statehood restoration.
The legal challenge emerges against the backdrop of significant constitutional changes implemented on August 5, 2019, when Parliament revoked Article 370's special status provisions and divided the former state into two Union Territories - Jammu and Kashmir, and Ladakh. The Supreme Court's Constitution bench validated this action in December 2023, describing it as the culmination of Kashmir's integration process with India while recording the Centre's commitment to eventual statehood restoration.
Assembly elections were subsequently conducted in three phases between September and October 2024, resulting in a National Conference-Congress coalition government with Omar Abdullah assuming the chief minister's position. This democratic exercise fulfilled the court's directive for elections by September 2024.
Recent political developments have intensified speculation about the Centre's intentions. Chief Minister Abdullah recently expressed optimism about positive developments for Jammu and Kashmir during Parliament's current monsoon session. He has actively lobbied various political party leaders, including Congress president Mallikarjun Kharge, urging them to pressure the government for legislative action on statehood restoration.
The Pahalgam incident, specifically referenced by the court, involved three terrorists who killed 25 tourists and a local operator on April 22. Security forces subsequently eliminated the attackers on July 28 in the Dachigam forest area. Intelligence confirmed the terrorists' Pakistani origins and their affiliation with Lashkar-e-Taiba.
India's response included Operation Sindoor on May 7, targeting nine terrorist camps in Pakistan and Pakistan-occupied Kashmir, reportedly eliminating over 100 militants. The operation escalated into a four-day conflict involving airstrikes on Pakistani military installations before hostilities ceased on May 10 following bilateral understanding.
The court's reference to this attack underscores the complex security considerations that continue to influence policy decisions regarding Jammu and Kashmir's administrative status, even as democratic processes have been successfully restored and local governance established.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hans India
an hour ago
- Hans India
Revanth shreds Centre's take on State debts
Hyderabad: Close on the heels of the Union government declaring in Parliament that Telangana's debts in 10 years were Rs 3.5 lakh crore, Chief Minister A Revanth Reddy has shredded the Centre's official figures on the mounting debt burden on the state, saying: "The previous government left us with mounting debts and arrears of Rs 8,21,652 crore when the people's government assumed power. Out of this, Rs. 6,71,757 crore are debts. Rs 40,154 crore dues are related to the payments of the employees and other schemes. Rs 1,09,740 crore dues are related to SC, ST sub plan, Singareni (Collieries), electricity and other departments," Reddy said. From the total debts, the state government has completed the debt service of Rs 2,20,676 crore, which included Rs 1,32,498 crore principal amount and Rs 88,178 crore interest amount till the date, he said. Speaking after unfurling the National Flag at the historical Golconda Fort here on Friday to mark the Independence Day, he amplified that, despite facing financial burden, his government was working hard to take the state forward from zero to the top level. Revanth Reddy demanded the Centre to approve the BC quota bills passed by the state legislature. He said the state Assembly has passed two bills to provide 42 per cent quota to Backward Classes in local bodies, education and jobs and sent them for presidential assent. "On this occasion, I once again demand the central government to take a quick decision on the pending bills," he said. The Socio-Economic Caste Survey and SC classification conducted in the state were courageous decisions of the state government in the history of India, he underlined. The Chief Minister took a broadside at the previous Bharat Rashtra Samithi government on the unbridled encroachment on lakes, ponds and other water bodies in Hyderabad. "In the previous government, people were not serious about the encroachment on lands, ponds and canals due to lack of a credible system. So far, the Hyderabad Disaster Management and Asset Protection Agency (HYDRAA) has protected 13 parks and 20 lakes from encroachments. Amberpet Bathukamma Kunta has been restored. The HYDRAA protected government lands worth Rs 30 ,000 crore. Today, the common people are praising HYDRAA. "The opposition parties are using HYDRAA as a weapon for political gains. My appeal to people is to think and compare the past with the current situation when the Hyderabad City received heavy rains". The opposition was trying to create unrest by showing HYDRAA as a failed system, he said. "Today, cities like Bangaluru, Mumbai and Chennai are facing flood problems. Hyderabad should not witness such a plight. To make Hyderabad a safe destination for living, HYDRAA was brought about to curb the encroachment of tanks," he said. Referring to Telangana Rising 2047 document, the Chief Minister said that the document promises a permanent solution to Hyderabad's flooding problem with the Musi Rejuvenation Project. The document also showed how India's Future City, being built to international standards, will be a gateway to the modern world. 'Telangana Rising – 2047 is a plan to radically transform the image of Telangana with the construction of the Gandhi Sarovar project at Bapu Ghat, greenfield highways, dry ports, second phase Metro Rail, radial roads between the Outer and Regional Ring Roads, Warangal and Adilabad airports, Hyderabad-Nagpur, Hyderabad-Bangalore, and Hyderabad-Vijayawada industrial corridors. Our goal is to implement this resolution and make Telangana a key player in the country's progress by 2047. The Telangana Rising – 2047 is a grand visionary document to transform Telangana into a one trillion US dollar economy by 2035 and a 3 trillion UD dollar economy by 2047. This is not just a plan. It is a resolve to make Telangana proud on the world stage.' Further, the Chief Minister said aligning the vision of Telangana Rising 2047 document with that of India@2047: "We are striving to achieve the goals and the role of Telangana in making India number one in the world. Our determination is that Telangana should play a key game changer role that will change the face of India by 2047."
Hans India
an hour ago
- Hans India
Centre's data refutes Congress' debt allegations, says KTR
Hyderabad: BRS working president KT Rama Rao on Friday said that the central government has given a 'slap in the face' answer to the false propaganda being spread by leaders from Rahul Gandhi to Revanth Reddy that KCR had incurred heavy debts. Rao said that the central government led by Modi had announced that the KCR government had only incurred Rs 2.80 lakh crore in its ten years of rule. The BRS working president released the book 'Praja Yodhudu' (People's Warrior), written by MahendraThotakuri, at Telangana Bhavan on Friday. The BRS leader said that it was appropriate that this book was launched on Independence Day and that it was a great gift for Telangana society, especially KCR. The BRS leader targeted the Congress leaders on the debt burden jibe, stating that the Congress is defaming KCR in the name of debts because it was unable to run the government and fulfil the promises made to the people. He asked the party activists to take the figures given by the Centre to the people. Rama Rao said that those who question what KCR has done for Telangana were not aware of the conditions of oppression on this land 25 years ago. He said that it was a misadventure to think of setting up a political party if Chandrababu, a staunch opponent of Telangana, turned the wheel at the Centre.
Hans India
2 hours ago
- Hans India
MyVoice: Views of our readers 16th Aug 2025
Rahul's dereliction of protocol The decision of the Leader of the Opposition Rahul Gandhi to absent himself from the nation's Independence Day celebration at the Red Fort is not merely a dereliction of protocol but also of symbolism. In the theatre of democracy, moments such as these transcend partisanship; they are occasions when we set aside our ideological cudgels to affirm a shared national identity. The absence sends an unfortunate semaphore: that political schism can supersede patriotic solidarity. One need not be in concord with the government to stand in concert with the Republic. Rahul Gandhi did not diminish the government but the gravitas of the Opposition's own constitutional role. Independence Day is a day when the tricolour should eclipse the party flag. Mohit Rawal, Ujjain Modi erred by praising RSS I endorse the criticism against Prime Minister Narendra Modi's address to the nation on I- Day in which he praised the RSS on its 100th year. This has been condemned by CPI(M) leader M A Baby, who pointed out that RSS has a dubious record and it was banned after Gandhi's assassination. Modi may be seeking RSS support in the wake of the political turmoil that has emerged after Rahul Gandhi's 'vote chor' accusations. Dr T Ramadas, Visakhapatnam Testing times for Modi This is further to your editorial 'Challenges galore for Modi' (Aug 15). It is truly testing time for India, and the BJP-led NDA government at the Centre, particularly when the opposition is irrationally up in arms against the ECI and EVMs. They are also questioning the deletion of names in the revised electoral roll in Bihar despite the poll panel's clarification in this regard. The previous one decade of the BJP rule was truly creditable with various achievements, which many people thought would be impossible like the abrogation of Article 370 in Jammu and Kashmir, 'Operation Sindoor', removal of 'triple talaq' and implementation of the 'Waqf Amendment Act'. The divisive politics being played out by the opposition, coupled with the US targeting India with a 50 per cent tariff on exports to America, is unmissable. K V Raghuram, Wayanad Centre should have a contingency plan In the grand bazaar of Indian politics, 'deep state' is on a mission to fracture the BJP by creating political chaos. It is essential that the Narendra Modi government at the Centre develops a serious contingency plan to counter future tensions. Whether the claims to provoke disruptions prove accurate or not, the government cannot remain silent at a time when the nation sits in the crosshair of a high-stakes geopolitical game. This is even as the Election Commission is determined to improve accuracy and efficiency. K R Srinivasan, Secunderabad-3 Civic officials must act I wish to highlight the growing distress of residents in low-lying areas like Malakpet, Kishanbagh, Jiyaguda, and Chaderghat as the Musi River overflows following heavy rains and the opening of the Himayat Sagar floodgates. Every monsoon, these neighbourhoods face inundation, road closures, and evacuation. While immediate steps such as traffic diversions and rescue efforts are appreciated, they unfortunately remain short-term fixes. It is imperative for the authorities to implement long-term measures—strengthening embankments, desilting the Musi, and improving drainage—to prevent recurring crises. It calls for a permanent solution. Without proactive action, thousands will continue to suffer the agony of heavy losses and displacement each year. Uthkarsha, St Francis college for Women Push carts causing obstruction People from Vijayawada are subject to several hardships because of push carts that have been left on the busy Sivalayam street, Satyanarayana puram. No one has a clue about who has left the carts. These are also causing worry to the locals as they have remained unclaimed for a long time. This is causing inconvenience to nearby bank customers, hospital patients and others, who park their vehicles here. It is also a posing threat to incriminating activities. We urge the Vijayawada Municipal Corporation to remove the carts and bring respite to the people. M Janardhana Rao, Vijayawada-520011
