Supreme Court to consider plea for time-bound restoration of statehood to J&K- The Week

A day after the first elected government (after the abrogation of Article 370) in Jammu and Kashmir was sworn in, the Supreme Court agreed to hear a petition seeking the time-bound restoration of statehood in Jammu and Kashmir.

Senior advocate Gopal Sankaranarayanan filed the plea before a three-judge bench headed by Chief Justice DY Chandrachud, requesting that a hearing be scheduled. Sankaranarayanan emphasized the urgency of a time-bound restoration of the state. Chief Justice Chandrachud acknowledged the request and agreed to consider it.

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While the Supreme Court upheld the abrogation of Jammu and Kashmir’s special status under Article 370, it did not address the constitutionality of the Jammu and Kashmir Reorganization Act, 2019, which stripped the region of its statehood. The Court, however, had already ordered that statehood be restored “as soon as possible,” without providing a specific timeline.

The petitioners Zahoor Ahmed Bhat, a university professor, and Khurshid Ahmad Malik, an activist, highlighted that despite the court’s assurance, the union government is yet to take any concrete steps towards the restoration of the state, even 11 months after the ruling. “Yes, we have filed the petition for restoration of statehood in Jammu and Kashmir,” Bhat told THE WEEK.

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Bhat was one of the petitioners against the abrogation of Article 370 in the Supreme Court and briefly argued against the BJP’s decision to strip Jammu and Kashmir of its limited autonomy and statehood under Article 370. After its rise in the Supreme Court, the government J&K ordered its suspension, which was revoked after the matter was brought to the notice of the five-judge bench of the Supreme Court that heard the petitions on Article 370 filed by the BJP.

Bhat’s suspension was brought to the notice of the court by senior advocate Kapil Sibal. The Court directed the J&K government to revoke Bhat’s suspension, which was accepted. Restoration of the State is a key demand of the regional parties of J&K and the Congress. All political parties and Congress included the demand in their election manifestos.

Jammu and Kashmir Chief Minister Omar Abdullah has repeatedly said that the conditions for restoration laid down by the Center have been met – delimitation and elections – and that the statehood of Jammu and Kashmir should be restored without delay.

BJP leaders, including Prime Minister Narendra Modi and Home Minister Amit Shah, have reiterated that they are committed to restoring statehood to Jammu and Kashmir, but at an appropriate time.