‘Ground Reality Can't Be Ignored': Supreme Court Points To Pahalgam Horror In J&K Statehood Plea
A Bench comprising Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran was hearing petitions that argued the prolonged delay in restoring statehood is 'seriously impacting the rights of the citizens of Jammu and Kashmir and undermining the principle of federalism.' The Bench underscored the significance of the Pahalgam issue during the proceedings.
The applicants contended that the absence of a clearly defined timeline for restoring statehood constitutes a breach of federalism, which they emphasised is an integral part of the Basic Structure of the Indian Constitution.
'It has been 21 months since the Article 370 judgment. There has been no movement towards the restoration of statehood,' submitted senior advocate Gopal Sankaranarayanan, adding that the Constitution Bench had trusted the Union government when the Solicitor General assured it that statehood would be restored.
On the other hand, Solicitor General (SG) Tushar Mehta, questioning the maintainability of the applications, urged the apex court to consider the 'peculiar position' in Jammu and Kashmir and sought that the pleas be listed after eight weeks, saying this was not the 'correct stage' to consider the matter.
'The MAs (miscellaneous applications) are not maintainable. We had assured two things: the election would be held, and thereafter, the statehood. Your lordships are aware of the peculiar position emerging from this part of our country. There are several considerations,' said SG Mehta.
'I don't know why, at this stage, this issue is agitated, but list it after 8 weeks. I will take instructions. My prayer is for eight weeks because this particular stage is not the correct stage to muddy the water,' Mehta added.
After hearing the submissions, the CJI Gavai-led Bench listed the matter after eight weeks.
In 're: Article 370 of the Constitution' verdict, a 5-judge Constitution Bench, headed by then CJI D.Y. Chandrachud, had left open the question of whether the Parliament can extinguish the character of statehood by converting a state into one or more Union Territories, relying on an oral statement made on Centre's behalf that statehood would be restored to Jammu and Kashmir. In the course of the oral hearing, the Solicitor General, the second-highest law officer of the Centre, had submitted that the Union Home Ministry cannot give any exact timeframe and it would take "some time" for the restoration of statehood in Jammu and Kashmir.
However, the Constitution Bench, also comprising Justices S.K. Kaul, Sanjiv Khanna, Gavai and Surya Kant, had ordered the Election Commission of India (ECI) to take steps to conduct elections to the Legislative Assembly of Jammu and Kashmir, constituted under Section 14 of the Reorganisation Act, by September 30, 2024, and said that "restoration of statehood shall take place at the earliest and as soon as possible".
It had upheld the status of Ladakh as a Union Territory under Article 3(a) read with Explanation I of the Constitution, which permits the formation of a Union Territory by separating a territory from any state. In May 2024, the Supreme Court dismissed review petitions challenging its verdict, stating there was 'no error apparent on the face of the record' and refused to list the matter in open court.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hindustan Times
4 minutes ago
- Hindustan Times
J&K HC fixes Sept 26 for hearing MLA nomination case
The Jammu and Kashmir high court on Thursday granted time to petitioner Ravinder Sharma, J&K Congress spokesperson, to file a rejoinder in the MLA nomination case and fixed its next hearing on September 26. Senior Supreme Court lawyer Dr Abhishek Manu Singhvi is representing Sharma in the case. (File) 'In the significant case regarding the nomination of five MLAs to J&K assembly , the HC on Thursday fixed September 26 as next date for hearing while allowing the petitioner and others to file rejoinder if any, before the court adjudicated the matter,' said Sharma in a statement issued here. A division bench comprising justice Sanjeev Kumar and justice Rajesh Sekhri on Thursday accepted Sharma's plea and allowed him and others to file rejoinder before the next date of hearing. Following response of the Union home ministry before the J&K HC describing nomination of five MLAs to the legislative assembly as it's prerogative, petitioner Ravinder Sharma on August 11 had said that he will file a rejoinder to the reply submitted by the Centre before the HC fixed the date for the final hearing. Senior Supreme Court lawyer Dr Abhishek Manu Singhvi is representing Sharma in the case. Sharma further said that as a petitioner he has challenged provisions of the Jammu and Kashmir Reorganisation Act that allow the LG to nominate five MLAs without the aid and advice of the council of ministers and in excess of the sanctioned strength of the J&K Assembly—114 members (90 elected and 24 reserved for PoJK). 'The five nominations are over and above the total strength of 114, which is wrong,' he asserted. 'Moreover, such nominations can turn a minority into a majority, or a majority into a minority, which goes against the basic structure of the Constitution', he added.
Hindustan Times
4 minutes ago
- Hindustan Times
Yogi showcases his governance model, makes 2027 poll pitch
Amid a buzz about a restructuring in the BJP after its less than expected performance in Uttar Pradesh in the 2024 Lok Sabha election, chief minister Yogi Adityanath on Thursday set the pitch for the 2027 assembly polls, highlighted his government's achievements over the last eight years and spelt out future endeavours in his marathon address in the state assembly on Vision 2047. Chief minister Yogi Adityanath addresses the state assembly during the fourth day of the Monsoon session in Lucknow on Thursday. (Deepak Gupta/HT Photo) A year after the ruling party's defeat in the state in 2024 and less than two years before the 2027 challenge, Adityanath showcased Uttar Pradesh's significant progress under his leadership in various fields, including law and order, economy, health, education, agriculture and infrastructure. The underlying message of his address appeared to be that his governance model can propel the BJP to take on the Opposition and pave the way for the party to retain power in 2027 Aiming to galvanise the party supporters, Yogi said, 'Uttar Pradesh is now the epicenter of India's energy. Today, Uttar Pradesh has become a beacon of hope and expectation for the nation, leading the way as India advances its vision of Viksit Bharat. Vision 2047 will lay the foundation for Viksit Uttar Pradesh within Viksit Bharat.' Lashing out at the Opposition, he said Uttar Pradesh was plagued by insecurity and high crime, women and traders lived in terror under the Samajwadi Party government. 'Today, UP is a model of robust law and order, ensuring safety for citizens and confidence for investors,' he said, adding that the state is advancing rapidly on the path of development at the speed of a bullet train. To counter the Opposition plans to make inroads among the weaker sections, particularly the Dalits and extremely backward castes, Yogi said from 1947 to 2017, poverty eradication and social security schemes in Uttar Pradesh had limited impact. After his government took the reins of the state, 6 crore people were lifted above the poverty line, he said. BJP leaders are not shy of accepting that the Opposition's caste narrative went against them in the 2024 Lok Sabha election and the Constitution issue further led to the alienation of Dalits and backwards. Yogi said his tenure paved the way for excellent connectivity by water, land, and air. Capital expenditure increased from ₹69,789 crore in 2017 to ₹1,47,719 crore in 2025. The number of expressways rose from two to 22, including seven operational, five under construction, and 10 proposed expressways forming the country's largest network, he said. An investor-friendly environment under his government has made UP a top destination, he said. Schemes are implemented without discrimination or appeasement now, he said while asserting that the Opposition's PDA slogan is a ploy to deceive the public whereas his government has truly worked for Pichhda (backward), Dalit and Alpsankhyak (minority) artisans. Reaching out to the rural populace, whose vote will be decisive, he said from 1947 to 2017 villages areas suffered from a severe lack of basic facilities such as housing, electricity, roads, and drinking water. From 2017 to 2025, his government provided permanent houses to more than 56.80 lakh families. Additionally, 235 crore man-days were generated under MGNREGA. To promote employment and livelihood in rural areas, more than 98 lakh families have joined self-help groups (SHGs), he said. Prashant Trivedi, associate professor at Giri Institute of Development Studies, Lucknow, said the incumbent government has focused on infrastructure, but it is no more a political issue since successive governments have done well on this front. 'The 2027 challenge before the BJP government would be how they address people's issues like access to quality education, public health and decent employment. Surely, things are not as rosy as they appear on this front,' he said.
Hindustan Times
4 minutes ago
- Hindustan Times
Himachal CM inaugurates first-ever ‘zero waste' tribal festival in Keylong
Himachal Pradesh chief minister Sukhvinder Singh Sukhu virtually inaugurated the tribal festival at Keylong in Lahaul-Spiti district from Shimla on Thursday. Himachal chief minster Sukhvinder Singh Sukhu planting a sapling on Thursday. (HT Photo) The festival, which will conclude on August 16, is being organised for the first time in the state on the theme of 'zero waste'. Sukhu said the event would promote environmental conservation and showcase the unique art and culture of the district. It would provide tourists an opportunity to know the region better. He said that the festival symbolises the commitment to preserving its heritage and would inspire people to celebrate responsibly. Sukhu said that climate change has posed serious challenges to the country and the state and Lahaul-Spiti was no exception, with unusually heavy rainfall in the district being a major cause of concern. The state government was taking all possible measures to provide relief during disasters and was working with the Centre to ensure environmental protection. The chief minister said that Lahaul-Spiti had emerged as a model district in women empowerment and the traditional products of the area would be promoted under the 'Him-Ira' brand. Sukhu also laid the foundation stone for five bridges in Udaipur sub-division under PMGSY Phase-3, to be built at a cost of ₹36,41,78,000. These include a 35 metre steel truss bridge over Chaikhang Nallah costing ₹9.93 crore, a 49-metre double-lane steel truss bridge over the Chenab River costing ₹9.46 crore, a 22-metre RCC T-beam bridge over Kishori Nallah costing ₹17.68 crore, a 76-metre RCC beam bridge over Teling Nallah costing ₹13.35 crore and a 22-metre RCC beam bridge over Moring Nallah costing ₹1.89 crore. Rajiv Gandhi Van Samvardhan Yojna launched Chief minister Sukhvinder Singh Sukhu inaugurated the 76th State-Level Van-Mahotsav at the Kanlog area in Shimla on Thursday. He also planted a deodar sapling during the event. Sukhu launched the Rajiv Gandhi Van Samvardhan Yojna across all assembly constituencies and virtually interacted with Ministers and MLAs participating in the programme and discussed forest conservation and afforestation measures in detail. He said that the state government was working to protect and enrich the rich biodiversity of the state. These efforts would contribute to achieving the target of increasing 30% forest cover by 2030. He said that the Rajiv Gandhi Van Samvardhan Yojna would not only promote forest development but also enhance public participation and strengthen the rural economy. Under this scheme, mahila mandals, yuvak mandals, self-help groups and joint forest committees would plant and look after saplings on one to five hectares of designated forest land for five years. A budget provision of ₹100 crore has been made for this purpose. 'This year, saplings were being planted across 1,000 to 1,500 hectares of forest land at a cost of ₹20 crore. An additional ₹1.2 lakh per hectare was being provided for sapling maintenance,' said Sukhu.
