The Supreme Court is set to hear petitions on Thursday, seeking directives for the Centre to restore statehood to Jammu and Kashmir. This follows the apex court’s unanimous decision in December 2023, which
upheld the abrogation of Article 370 sections while instructing that assembly elections and statehood restoration occur “at the earliest”.
The petitions have been submitted by Jammu and Kashmir residents, college teacher Zahoor Ahmed Bhat, and activist Khurshaid Ahmad Malik. Both were involved in the original Article 370 abrogation case and argue that the delay in restoring statehood violates the fundamental structure of federalism and adversely affects the democratic rights of the region’s citizens.
Their plea underscores that despite assurances made by Solicitor General Tushar Mehta during previous hearings, no definitive steps have been taken to outline a timeline for statehood restoration. The petitioners note that both the Lok Sabha elections and recent assembly elections were conducted peacefully, indicating that security concerns should no longer hinder the process. They contend that converting a state into a union territory represents a “retrogression of democratic rights” and that the failure to restore statehood diminishes the significance of the recently held legislative assembly elections.
A two-judge bench, led by Chief Justice of India BR Gavai and Justice K Vinod Chandran, is expected to hear the pleas. This hearing will refocus attention on the Centre’s commitment and the constitutional implications of Jammu and Kashmir’s extended status as a union territory, especially following the peaceful electoral exercises.
