Supreme Court agrees to list plea for restoration of Jammu and Kashmir statehood

The Supreme Court on Thursday assured that it will list for hearing an application seeking the restoration of statehood for Jammu and Kashmir.

The plea moved by college teacher Zahoor Ahmed Bhat and activist Khurshid Ahmad Malik argues that the failure to restore the statehood of Jammu and Kashmir was gravely affecting the rights of the citizens there.

Senior Advocate Gopal Sankaranarayanan today mentioned the matter before the Bench of Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra.

"[In] Article 370 batch, there is an application to implement the undertaking of restoration of statehood which needs to be time-bound," Sankaranarayanan submitted while seeking a listing of the plea.

"It will be listed," CJI Chandrachud replied.

The application was moved close on the heels of the conclusion of Assembly elections in Jammu and Kashmir.

It argues that the formation of the Legislative Assembly before the restoration of statehood for Jammu and Kashmir would violate the idea of federalism, which forms part of the basic structure of the Constitution of India.

Since the recently concluded assembly elections were conducted peacefully, there would be "no security concerns" if the top court were to issue a direction to restore statehood to the valley within a time-bound period, the plea contends.

Pertinently, National Conference leader Omar Abdullah on Wednesday took oath as the first Chief Minister of the Union Territory that was formed after the withdrawal of statehood from Jammu and Kashmir in 2019.

His party has formed the government with the support of Congress and certain independent members of the Legislative Assembly.

The bifurcation of the erstwhile State of Jammu and Kashmir (J&K) into two Union Territories (J&K and Ladakh) followed the abrogation of Article 370 of the Constitution, which had earlier conferred a special status to J&K.

In May this year, the top court dismissed review petitions challenging its December 2023 decision to uphold the abrogation of Article 370.

The Constitution Bench last year refused to decide on the validity of a 2019 law that paved the way for the bifurcation of Jammu & Kashmir into two Union Territories (UT) following the abrogation of Article 370.

The Court had also recorded Solicitor General (SG) of India Tushar Mehta's statement that J&K's status as a UT is temporary and that statehood will be restored to the region.