Supreme Court to hear plea for restoration of Jammu and Kashmir's statehood on August 8
Senior advocate Gopal Sankaranarayanan mentioned the matter on Tuesday before a bench of Chief Justice of India (CJI) B R Gavai and Justice K Vinod Chandran.
"The date (on SC website) shows as August 8. Let it not be deleted," Sankaranarayanan submitted, according to news agency PTI. The CJI accepted the request.
Incidentally, Tuesday, 5, August marks the sixth anniversary of the 2019 abrogation of Article 370, which accorded a special status to the erstwhile state of Jammu and Kashmir.
The decision stripped Jammu and Kashmir of statehood and bifurcated the former state into two Union Territories: Jammu and Kashmir and Ladakh.
Ever since the abrogation, the majority of politicians and leaders in Jammu and Kashmir have been demanding the restoration of statehood. The demand for reinstating the statehood of Jammu and Kashmir has intensified after the Omar Abdullah government was formed, following the assembly elections.
On December 11, 2023, the Supreme Court unanimously upheld the revocation of Article 370, even as it ordered that assembly elections be held in Jammu and Kashmir by September 2024 and its statehood be restored "at the earliest".
Last year, a plea was filed in the top court seeking directions to the Centre for the restoration of statehood to Jammu and Kashmir within two months. The application was filed by Zahoor Ahmad Bhat, an academician, and Khurshaid Ahmad Malik, a socio-political activist.
"It is submitted that the delay in the restoration of statehood would cause serious reduction of democratically elected government in Jammu and Kashmir, causing a grave violation of the idea of federalism which forms part of the basic structure of the Constitution of India," the application said.
The assembly elections and the Lok Sabha polls were conducted peacefully in Jammu and Kashmir without any incident of violence, disturbance or any security concerns being reported, it said.
"Therefore, there is no impediment of security concerns, violence or any other disturbances which would hinder or prevent the grant/restoration of the status of statehood to Jammu and Kashmir as had been assured by the Union of India in the present proceedings," the plea said.
The application stated that Jammu and Kashmir, being an individual state that has gone through many struggles and hardships, requires a strong federal structure to help develop the area and also celebrate its unique culture.
In its December 2023 verdict, the apex court held that Article 370, which was incorporated in the Indian Constitution in 1949 to grant special status to Jammu and Kashmir, was a temporary provision. The President of India was empowered to revoke the measure in the absence of the Constituent Assembly of the erstwhile state whose term expired in 1957, the court said.
Key Takeaways The Supreme Court will hear a plea regarding Jammu and Kashmir's statehood on August 8.
The region has seen intensified demands for statehood restoration since the abrogation of Article 370 in 2019.
The apex court's December 2023 verdict underscores the importance of timely assembly elections and restoration of statehood.
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