Supreme Court likely to hear plea seeking restoration of statehood to J&K on August 8

The Supreme Court is likely to hear on August 8 a plea seeking directions to the Centre for the restoration of statehood to Jammu and Kashmir.

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.

The CJI accepted the request.

Tuesday marks the sixth anniversary of the 2019 abrogation of Article 370, which accorded a special status to the erstwhile state of Jammu and Kashmir.

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.

It said, "The non-restoration of the status of statehood of Jammu & Kashmir will result in Jammu & Kashmir being given a lesser form of elected democratic government, especially in light of the legislative assembly results being declared on October 8, 2024." It submitted that despite the apex court's directions for the restoration of statehood to Jammu and Kashmir "at the earliest and as soon as possible", no steps have been taken by the Centre to provide any timeline for the implementation of such directions.

"It is submitted that Jammu and Kashmir is being operated as a Union Territory for a period of almost five years now, which has caused many impediments and grave losses to the development of Jammu and Kashmir and has affected the democratic rights of its citizens," it contended.

Jammu and Kashmir being an individual state which has gone through many struggles and hardship requires a strong federal structure to help in developing the area and also celebrating its unique culture, the application stated.

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.