Supreme Court to hear plea seeking J&K statehood on August 8. Details here

A petition seeking the early restoration of Jammu and Kashmir’s statehood was mentioned in the Supreme Court on Tuesday, just before the sixth anniversary of the abrogation of Article 370. The top court will hear the petition seeking statehood for J&K on August 8. 

The bench agreed to hear the petition after senior advocate Gopal Sankaranarayanan brought up the matter before a bench led by Chief Justice of India B R Gavai and Justice K Vinod Chandran. He pointed out that the case was listed for August 8 and requested that it not be removed, news agency PTI reported. 

In December last year, the court upheld the Centre’s 2019 move to revoke Article 370, which had given special status to Jammu and Kashmir. The same judgment had also directed the government to hold assembly elections by September 2024 and restore statehood “at the earliest”.

The latest application has been filed by Zahoor Ahmad Bhat, an academician, and Khurshaid Ahmad Malik, a socio-political activist. They argue that the delay in restoring statehood is affecting democratic representation in the region.

“It is submitted that the delay in the restoration of statehood would cause a serious reduction of the democratically elected government in Jammu and Kashmir,” their plea says, calling it a violation of the constitutional idea of federalism.

The petition notes that both Lok Sabha and assembly elections were conducted peacefully and without incident. “Therefore, there is no impediment… which would hinder or prevent the grant/restoration of the status of statehood,” it states.

It adds that without statehood, the region risks being left with a limited form of elected governance, especially since assembly poll results are due on October 8.

Although the court had asked for statehood to be restored “as soon as possible”, the Centre has not yet shared any timeline, the petitioners say. They also point out that Jammu and Kashmir has been functioning as a Union Territory for nearly five years now, which they believe has impacted development and public participation.

The court, in its 2023 ruling, had said Article 370 was a temporary measure and could be revoked by the President, especially since the state’s Constituent Assembly no longer exists.