SC to hear plea for restoration of Jammu and Kashmir's statehood
TNN Bureau. Updated: 10/18/2024 12:46:00 AM
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Jammu: 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 fed eralism, which is a key component of India’s constitutional structure.
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.
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.