Supreme Court to consider plea for time-bound restoration of statehood to J&K

A day after the first elected government (after abrogation of Article 370) in Jammu and Kashmir was sworn in, the Supreme Court has agreed to hear a petition seeking time-bound restoration of statehood to Jammu and Kashmir.

Senior advocate Gopal Sankaranarayanan moved the application before a three-judge bench led by Chief Justice D.Y. Chandrachud requesting it be scheduled for a hearing. Sankaranarayanan stressed the urgency of a time-bound restoration of statehood. Chief Justice Chandrachud acknowledged the request and agreed to consider it.

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While the Supreme Court had upheld the abrogation of Jammu and Kashmir's special status under Article 370, it didn’t address the constitutionality of the Jammu and Kashmir Reorganisation Act of 2019, which took away the region’s statehood. The Court, however, had previously directed that statehood should be restored "as soon as possible," without providing a specific timeline.

Applicants Zahoor Ahmed Bhat, a college lecturer, and Khurshid Ahmad Malik, an activist, pointed out that despite the court's assurance, the union government is yet to take any concrete steps toward statehood restoration, even 11 months after the ruling. "Yes, we have filed the petition for the restoration of statehood to Jammu and Kashmir,’’ Bhat told THE WEEK.

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Bhat was one of the petitioners against the abrogation of Article 370 in the Supreme Court and had briefly argued against the BJP’s move to strip Jammu and Kashmir of its limited autonomy and statehood under Article 370. Following his augment in the Supreme Court, the J&K government ordered his suspension which was revoked after the matter was brought to the notice of the five-judge bench of the Supreme Court hearing the petitions on Article 370 move by the BJP.

Bhat’s suspension was brought to the notice of the bench by senior lawyer Kapil Sibal. The Court had directed the J&K government to revoke Bhat’s suspension which was accepted. Restoration of statehood is a key demand of regional parties of J&K and the Congress. All political parties and the Congress had included the demand in their election manifestos.

Chief Minister of Jammu and Kashmir Omar Abdullah has repeatedly said that the conditions for the restoration set by the Centre have been met–delimitation and elections–and the statehood to Jammu and Kashmir should be restored without delay.

The BJP leaders, including Prime Minister Narendra Modi and Home Minister Amit Shah, have reiterated that they are committed to the restoration of statehood to Jammu and Kashmir, but at an appropriate time.