SC To Hear Pleas Seeking Restoration Of J&Ks Statehood Today
According to the causelist published on the apex court's website, a Bench comprising Chief Justice of India B.R. Gavai and Justice K.
Vinod Chandran will hear the matter on Thursday, a day ahead of Independence Day. Last week, CJI Gavai agreed to retain the petitions on the hearing board after they were mentioned by senior advocate Gopal Sankaranarayanan.
One of the applications, filed by Zahoor Ahmed Bhat and activist Khurshaid Ahmad Malik, argued that the prolonged delay in restoring statehood is "gravely affecting the rights of the citizens of Jammu and Kashmir and also violating the idea of federalism.
" The applicants contended that the absence of a time-bound framework for restoration amounts to a breach of federalism, which is part of the Constitution's Basic Structure.
In its landmark verdict on Article 370, a five-judge Constitution Bench headed by then CJI D.Y. Chandrachud had left open the question of whether Parliament has the authority to extinguish statehood by converting a state into one or more Union Territories.
The Bench relied on a statement by Solicitor General Tushar Mehta assuring that statehood would be restored to Jammu and Kashmir. During the oral hearings, SG Mehta, the second-highest law officer of the Centre, had told the court that the Union Home Ministry could not provide an exact timeline, saying it would take "some time" to restore statehood.
Nevertheless, the Constitution Bench which also included Justices S.K. Kaul, Sanjiv Khanna, B.R. Gavai, and Surya Kant directed the Election Commission of India to hold Legislative Assembly elections in Jammu and Kashmir under Section 14 of the Reorganisation Act by September 30, 2024, and stated that "restoration of statehood shall take place at the earliest and as soon as possible.
" The verdict also upheld Ladakh's status as a Union Territory under Article 3(a) read with Explanation I of the Constitution, which allows the creation of a Union Territory by separating a territory from a state.
In May 2024, the Supreme Court dismissed review petitions challenging this ruling, finding "no error apparent on the face of the record" and declining to list the matter for an open court hearing.
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