Supreme Court Seeks Centre’s Stand on Plea for Restoration of Jammu & Kashmir’s Statehood

The Supreme Court on Thursday sought the Union government’s response to a plea demanding the restoration of statehood to Jammu and Kashmir, which was reorganised into a Union territory following the abrogation of Article 370 in August 2019.

A Bench headed by Chief Justice of India B.R. Gavai and comprising Justice K. Vinod Chandran issued notice to the Centre after noting submissions from Solicitor General Tushar Mehta that the matter involves “several considerations which go into the decision-making process.” The court listed the case for hearing after eight weeks.

The petition, filed by academician Zahoor Ahmad Bhat and socio-political activist Ahmad Malik, seeks a direction to restore full statehood to Jammu and Kashmir. During the hearing, senior advocate Gopal Sankaranarayanan, appearing for Bhat, requested an early date for arguments. The CJI, however, remarked, “You cannot ignore what happened in Pahalgam. It is for Parliament and the Executive to take a decision,” indicating that the matter falls within the policy domain of the legislature and the executive.

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In its December 11, 2023 verdict, the Supreme Court had unanimously upheld the Centre’s decision to revoke Article 370, which granted special status to the erstwhile state, while directing that assembly elections in Jammu and Kashmir be conducted by September 2024 and that statehood be restored “at the earliest.”

The current plea builds on a petition filed last year, which had urged the court to direct the Union government to complete the process of restoring statehood within two months. The court’s decision to seek the Centre’s stand now sets the stage for another round of constitutional and political debate on the region’s future governance structure.

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