SC Likely To Hear Plea On Restoration Of Jammu & Kashmir Statehood On August 8
The matter was mentioned on Tuesday by senior advocate Gopal Sankaranarayanan before a bench comprising Chief Justice of India B R Gavai and Justice K Vinod Chandran.
The Supreme Court is likely to take up on August 8 a plea seeking directions to the Centre for the restoration of statehood to Jammu and Kashmir, nearly five years after its reorganisation into a Union Territory.
The matter was mentioned on Tuesday by senior advocate Gopal Sankaranarayanan before a bench comprising Chief Justice of India B R Gavai and Justice K Vinod Chandran. Sankaranarayanan informed the court that the hearing was listed for August 8 on the Supreme Court website and requested that it not be removed from the cause list. The CJI agreed to the request.
The development comes on a symbolic day, August 6 marks the sixth anniversary of the 2019 abrogation of Article 370, which revoked Jammu and Kashmir's special status.
Background Of The Case
The current plea was filed by Zahoor Ahmad Bhat, an academician, and Khurshaid Ahmad Malik, a socio-political activist. The petition argues that the continued delay in restoring statehood violates the principle of federalism, which is part of the basic structure of the Constitution. It states that Jammu and Kashmir has been operated as a Union Territory for almost five years, which has caused administrative impediments, developmental delays, and a curtailment of democratic rights.
The petitioners point out that both the Assembly and Lok Sabha elections in Jammu and Kashmir were held peacefully, without any reports of violence or security concerns. Therefore, they contend, there are no legitimate obstacles to restoring full statehood as was earlier promised.
The application also highlights the Supreme Court's December 2023 verdict, in which a Constitution Bench upheld the Centre's decision to revoke Article 370. While doing so, the court had also directed the Centre to conduct Assembly elections in the region by September 2024 and restore statehood 'at the earliest." The petition argues that no steps have since been taken to lay out a clear timeline or implement the directive.
The plea warns that the absence of statehood, especially ahead of the expected Assembly election results in October 2024, would leave Jammu and Kashmir with a diluted form of elected government, further undermining its democratic representation.
The Supreme Court's expected hearing on August 8 is likely to refocus attention on the Centre's timeline for fulfilling its commitment to democratic restoration in the region.
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