 "SC, Supreme Court")
The Supreme Court on Thursday agreed to hear an application seeking the restoration of Jammu and Kashmir’s statehood within two months. The case, brought forward by Zahoor Ahmed Bhat, a college teacher, and Khurshaid Ahmad Malik, an activist, aims to expedite the process of reinstating Jammu and Kashmir’s status as a state.
Advocate Gopal Shankarnarayan mentioned the urgency of listing the matter before a bench led by Chief Justice of India (CJI) DY Chandrachud. The CJI confirmed that the court would schedule the case for hearing soon.
Filed through advocate Soyaib Qureshi, the application contends that the prolonged delay in restoring statehood has negatively impacted the people of Jammu and Kashmir.
The plea urged the Union of India to adhere to a prior commitment to restore Jammu and Kashmir’s statehood, a promise made by the Solicitor General following the abrogation of Article 370. The petitioners argue that despite assurances, no substantial actions have been taken in the past 10 months since the Supreme Court upheld the abrogation of the region’s special status in its August 2023 ruling.
The petitioners assert that this delay violates the basic principle of federalism, which is a key component of India’s constitutional structure.
What did the Supreme Court say in the last hearing?
In December 2023, the Supreme Court last heard the case regarding Article 370. Chief Justice of India (CJI) DY Chandrachud acknowledged that Article 370 was originally intended as a temporary provision, implemented due to war conditions in the region. He emphasised that the J-K Constituent Assembly, which drafted the special provisions for the state, was not meant to be a permanent body. Furthermore, he indicated that the special condition under which Article 370 was introduced had ceased to exist when the Constituent Assembly dissolved.
The bench of five justices, led by CJI Chandrachud, stated that there were no issues with the presidential powers exercised in August 2019 to revoke Article 370. The court ruled that the exercise of power was valid and constitutional.
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The bench further directed the central government and the Election Commission (EC) to ensure that statehood is restored and elections are held by September 30, 2024.
Omar Abdullah takes oath as Chief Minister of J-K
Jammu and Kashmir National Conference leader Omar Abdullah took oath as the first Chief Minister of Jammu and Kashmir Union territory on Wednesday. The National Conference party secured 42 out of 90 seats in the Assembly elections. NC alliance Congress managed to win seven seats and four independent MLAs also extended their support to the party, placing it well over the 46-seat majority mark.
The NC and Congress parties had both fought their election campaign on the promise of restoring statehood to Jammu and Kashmir. Party leaders have advocated for the same since the conclusion of the Assembly elections on October 8.
NC-Congress push for JK statehood restoration
On Saturday, National Conference President Farooq Abdullah stressed that statehood restoration is essential for Jammu and Kashmir’s stability and effective governance. The former chief minister further highlighted it as a top priority for his party.
“Our priority will be to reunite Jammu and Kashmir and eliminate the hatred spread during this election. The restoration of statehood is vital so that the state can function properly, and we can focus on governance,” Abdullah said, speaking to ANI.
Congress leader P Chidambaram also weighed in on the issue on Sunday. He urged the new Jammu and Kashmir government, once formed, to prioritise the restoration of statehood. He emphasised that parties in the INDIA alliance should support this demand.
“In case the government does not agree, the matter should be taken to court. The government had committed to statehood restoration before the Supreme Court,” Chidambaram posted on X (formerly Twitter).
The petitioners have also argued that the peaceful conclusion of the Assembly elections in Jammu and Kashmir indicates that security concerns are no longer a significant barrier to the restoration of statehood. They believe that the Supreme Court can issue directions for reinstating statehood without fear of security issues.
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