SC Agrees To List Plea For Restoration Of Statehood In J&K

Restoration Of Statehood In J&K

The Supreme Court on Thursday has agreed to hear an application calling for the restoration of Jammu and Kashmir’s statehood within 2 months.

Advocate Gopal Shankarnarayan presented the urgent request, prompting a bench led by Chief Justice of India DY Chandrachud to confirm that the case would be listed for hearing.

The application emphasizes the need for timely action to restore Jammu and Kashmir’s statehood, as previously promised by the Union of India. Filed by college teacher Zahoor Ahmed Bhat and activist Khurshaid Ahmad Malik, the document highlights that, despite assurances from the Solicitor General regarding statehood restoration, no steps have been taken in the 10 months following the Supreme Court’s ruling on Article 370.

The application, submitted through advocate Soyaib Qureshi, references the earlier case concerning the abrogation of Article 370, which upheld the removal of Jammu and Kashmir’s special status.

The petitioners express concern that, ten months after the Supreme Court’s order on August 11, 2023, the lack of action to restore statehood significantly impacts the rights of Jammu and Kashmir residents and undermines the basic structure of federalism.

“The applicants, as conscious citizens of Jammu and Kashmir, are aggrieved that no steps have been taken to restore statehood, which gravely affects their rights and violates the federal framework,” the application states. It argues that failing to restore statehood promptly would cause serious harm to the country’s federal structure.

Referencing recent elections in Jammu and Kashmir, the application asserts that forming a Legislative Assembly without restoring statehood would compromise federal principles, which are integral to the Constitution.

The applicants contend that the peaceful conduct of the recent assembly elections alleviates security concerns, allowing for statehood restoration to proceed without issues.

“The delay in restoring statehood would lead to a significant reduction in the democratic representation of Jammu and Kashmir, violating the core tenets of federalism,” the petition notes. It further argues that the transition from a state to two Union Territories has diminished the region’s democratic governance, which will be reinstated with the declaration of assembly election results.

The application stresses that failing to restore statehood in a timely manner would not only prejudice the citizens of Jammu and Kashmir but also infringe upon their fundamental rights, adversely affecting the democratic structure and territorial integrity of the region.

For Jammu and Kashmir, historically tied to the Union of India through a federal relationship, restoring statehood is crucial. It would enable the region to enjoy autonomy and contribute to the overall development of the country, the application concludes, underscoring the importance of this legal action.