Supreme Court Seeks Government's Response on Jammu and Kashmir Statehood Restoration

Supreme Court's Inquiry on Jammu and Kashmir Statehood

New Delhi, Aug 14: The Supreme Court has requested the Union government's position regarding a series of applications advocating for the prompt restoration of statehood to Jammu and Kashmir.

A bench comprising Chief Justice B.R. Gavai and Justice K. Vinod Chandran was reviewing petitions that argue the prolonged delay in reinstating statehood is significantly impacting the rights of Jammu and Kashmir's citizens and undermining the principles of federalism.

The petitions assert that the lack of a timely restoration of statehood constitutes a breach of federalism, which is integral to the Constitution's Basic Structure.

Senior advocate Gopal Sankaranarayanan highlighted that it has been 21 months since the ruling on Article 370, with no progress towards restoring statehood. He noted that the Constitution Bench had relied on assurances from the Union government regarding the restoration of statehood.

Conversely, Solicitor General Tushar Mehta questioned the validity of the applications, urging the court to acknowledge the unique circumstances in Jammu and Kashmir. He requested that the petitions be scheduled for review in eight weeks, arguing that this was not the appropriate time to address the issue.

Mehta stated, “The miscellaneous applications are not maintainable. We assured two things: elections would occur, followed by the restoration of statehood. Your lordships understand the unique situation in this region. There are numerous factors to consider.”

He further expressed confusion over why the matter was being raised at this juncture and requested an eight-week delay to gather further instructions, asserting that this was not the right moment to complicate the situation.

Following the discussions, the bench led by Chief Justice Gavai scheduled the matter for review in eight weeks.

In the ruling regarding Article 370, a five-judge Constitution Bench, previously led by Chief Justice D.Y. Chandrachud, left open the question of whether Parliament could alter the status of statehood by converting a state into Union Territories. This was based on an oral commitment from the Centre that statehood would eventually be restored to Jammu and Kashmir. During the hearing, the Solicitor General indicated that the Union Home Ministry could not provide a specific timeline, suggesting that the restoration of statehood would require 'some time.'

Nonetheless, the Constitution Bench, which included Justices S.K. Kaul, Sanjiv Khanna, Gavai, and Surya Kant, instructed the Election Commission of India to initiate steps for conducting elections for the Jammu and Kashmir Legislative Assembly by September 30, 2024, emphasizing that 'restoration of statehood shall occur at the earliest and as soon as possible.'

The bench upheld Ladakh's status as a Union Territory under Article 3(a) in conjunction with Explanation I of the Constitution, which allows for the creation of a Union Territory by detaching a territory from any state. In May 2024, the Supreme Court dismissed review petitions contesting its earlier ruling, stating there was 'no apparent error in the record' and declined to schedule the matter for open court.