New Delhi, Aug 14 (IANS) — The Supreme Court on Thursday asked the Union government to clarify its stand on a series of applications demanding a fixed timeline for restoring statehood to Jammu and Kashmir.
A Bench comprising CJI B.R. Gavai and Justice K. Vinod Chandran was hearing petitions claiming that the prolonged delay in restoring statehood is “seriously impacting the rights of J&K citizens” and undermining the principle of federalism, a key element of the Constitution’s Basic Structure.
Senior advocate Gopal Sankaranarayanan, representing the applicants, pointed out: “It has been 21 months since the Article 370 verdict, yet there has been no progress on restoring statehood. The Constitution Bench relied on the Union government’s assurance, through the Solicitor General, that this would be done.”
Solicitor General Tushar Mehta, however, questioned the maintainability of the applications, urging the court to consider the “peculiar position” of Jammu and Kashmir. He sought to have the matter listed after eight weeks, arguing that “this is not the correct stage to consider the issue” and reiterating that the Centre had assured two steps — holding elections first, followed by the restoration of statehood.
“I don’t know why this issue is being raised at this stage. My request is to list it after eight weeks. This stage is not the right one to muddy the waters,” Mehta said.
The Bench agreed to the request and listed the matter for hearing after eight weeks.
In its December 2023 judgment on challenges to the abrogation of Article 370, a five-judge Constitution Bench led by then CJI D.Y. Chandrachud had left open the question of whether Parliament can remove statehood by converting a state into one or more Union Territories. It noted the Centre’s oral assurance that J&K’s statehood would be restored, though no exact timeframe was provided.
The same verdict directed the Election Commission of India to conduct Legislative Assembly elections in Jammu and Kashmir by September 30, 2024, and stated that “restoration of statehood shall take place at the earliest and as soon as possible.”
The Bench also upheld Ladakh’s status as a Union Territory, in line with Article 3(a) and Explanation I of the Constitution. In May 2024, the Supreme Court dismissed review petitions challenging the ruling, stating there was “no error apparent on the face of the record” and declining to hear the matter in open court.
