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First Post
3 days ago
- Politics
- First Post
Supreme Court to take up petition seeking J&K's statehood today
The Supreme Court will take up a petition today that has sought directions to the government to restore Jammu and Kashmir's statehood within a specified timeframe. read more The Supreme Court will take up a petition on Friday that has sought the restoration of Jammu and Kashmir's statehood. In August 2019, the Narendra Modi government abrogated Article 370 that granted special status to J&K. It also bifurcated the state of J&K into two union territories of J&K and Ladakh. While the government has stated the commitment to the restoration of J&K's statehood, it has not given any timeline. The petition in the SC, filed by academic Zahoor Ahmad Bhat and social activist Khurshaid Ahmad Malik in October 2024, has sought directions to the government for the restoration of J&K's statehood within a specified timeframe, preferably within two months, according to Hindustan Times. STORY CONTINUES BELOW THIS AD In their petition, Bhat and Malik have said that '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', as per the newspaper. They further said that the prolonged status of a union territory is unwarranted and calls for prompt action in accordance with the assurance given by the government in earlier proceedings before the Supreme Court. After the revocation of Article 370 was challenged in a clutch of pleas, the SC in December 2023 upheld the revocation and ordered that elections must be held in J&K before September 2024. However, the SC did not pass any ruling about the restoration of statehood and acknowledged the government's stated commitment to the restoration of statehood. In line with the SC's judgement, assembly elections were held in J&K in September and October 2024, leading to the formation of a government led by Omar Abdullah of J&K National Conference (NC). However, there has not been any announcement regarding the restoration of J&K's statehood.
Hindustan Times
5 days ago
- Politics
- Hindustan Times
SC to hear plea on J&K statehood on August 8
NEW DELHI The Supreme Court will take up on Friday an application seeking restoration of statehood for Jammu and Kashmir in a timebound manner. 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. (Getty Images/iStockphoto) 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.
