SC to hear plea on J&K statehood on August 8
The hearing in the top court came amid speculation of possible restoration of statehood to J&K after a tweet posted by chief minister Omar Abdullah on Monday sharing his 'gut feeling' that he is 'optimistic' about 'something positive' for the Union territory during Parliament's ongoing monsoon session. On August 5, 2019 the state was bifurcated into two Union territories following the abrogation of Article 370 by Parliament.
On Tuesday, the application was mentioned by senior advocate Gopal Sankaranarayanan appearing for the two applicants, academic Zahoor Ahmad Bhat and social activist Khurshaid Ahmad Malik, who had in October 2024 approached the top court to consider restoration of statehood within a specific time frame, preferably within two months.
Appearing before a bench headed by chief justice of India (CJI) Bhushan R Gavai, the senior advocate said that the matter is showing on the list of business for August 8 and requested that the same should not be deleted. The CJI allowed the request by passing a short order, 'Not to be deleted'.
A five-judge Constitution bench of the top court had on December 11, 2023 unanimously upheld the revocation of Article 370 and directed state elections to be conducted by September 2024. The application has been filed in the previously concluded 'In Re: Article 370 of the Constitution' case.
Following elections held in three phases from September 18 to October 1 last year, a new government was formed by the National Conference-Congress alliance. National Conference vice-president Omar Abdullah was sworn in as chief minister.
The verdict by the Constitution bench called the abrogation the 'culmination of the process of integration' of the erstwhile state into the Union of India. It held the abrogation to be a perfectly valid exercise of power by the President, ruling that Article 370 was always meant to be a temporary provision.
However, on the issue of restoration of statehood, the court chose not to give a ruling on whether the reorganisation of the state into two Union territories was constitutionally permissible. It pointed to the Centre's statement that statehood of J&K would be restored eventually. The judgment emphasised that the same should be done 'at the earliest'.
The application filed through advocate Soyaib Qureshi said, 'The non-restoration of the status of statehood of Jammu & Kashmir in a timebound manner violates the idea of federalism which forms a part of the basic structure of the Constitution of India.' It further stated that the prolonged Union territory status is unwarranted and calls for prompt action in accordance with the assurance given by the Centre in earlier proceedings.
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