THE SUPREME COURT ON THURSDAY, while hearing pleas for the restoration of statehood to the Union Territory of Jammu and Kashmir, observed that the prevailing ground situation must be taken into account before any decision is made.
“You cannot ignore what happened in Pahalgam,” remarked a Bench of Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran.
Appearing for the Union, Solicitor General Tushar Mehta argued that the government had assured statehood after elections, but noted there is a “peculiar situation” in the region. He pointed out that Assembly elections were held in J&K, as directed by the Constitution Bench that had upheld the abrogation of Article 370, and the bifurcation of the state into two Union Territories.
“This is not the time for petitioners to muddy the waters,” Mehta stated, seeking eight weeks to take instructions from the government.
The Bench was hearing applications seeking directions to the Centre to restore J&K’s statehood in a time-bound manner, as assured earlier by the Union government.
Application filed by college lecturer Zahoor Ahmed Bhat and activist Khurshaid Ahmad Malik — through advocate Soyaib Qureshi in the disposed Article 370 case — contend that despite the Union’s assurance, no steps have been taken even 10 months after the Court’s August 11, 2023, order. They argued that this delay gravely affects the rights of J&K residents and undermines the federal structure.
The applicants say that with peaceful Assembly elections already concluded, there is no security impediment to restoring statehood. They warn that further delay would mean a “serious reduction of democratically elected government” and “grave violation” of the principle of federalism, which is part of the Constitution’s basic structure.
They further argue that J&K’s conversion into two Union Territories has resulted in a “lesser form of elected democratic government” and, if statehood is not restored soon, citizens’ fundamental rights and territorial integrity will be adversely affected.
On December 11, 2023, a five-judge Constitution Bench had unanimously upheld the 2019 abrogation of Article 370, calling it a “temporary provision”. Taking note of Mehta’s submission that statehood — except for Ladakh — would be restored, the Court had directed the Election Commission to hold Assembly elections by September 30, 2024, and said restoration of statehood should take place “at the earliest”.
In August 2019, the Union government abrogated Article 370, ending Jammu and Kashmir’s special status and splitting it into the Union Territories of J&K and Ladakh. In December 2023, the Supreme Court upheld the move but recorded the Centre’s assurance that J&K’s statehood — excluding Ladakh — would be restored after Assembly elections. Petitioners now seek time-bound restoration, citing completed elections and concerns over federalism and democratic representation.