When Will the Supreme Court Address the Plea for Restoring J&K Statehood?

Synopsis
Key Takeaways
- The Supreme Court will hear a crucial petition regarding Jammu and Kashmir's statehood.
- The plea argues the delay is impacting citizens' rights and federalism.
- Restoration of statehood is considered essential to uphold constitutional principles.
- The Election Commission has been directed to prepare for upcoming elections.
- The outcome could significantly influence the region's governance.
New Delhi, Aug 8 (NationPress) The Supreme Court is set to hear a petition requesting the Central Government to reinstate statehood to the Union Territory of Jammu and Kashmir on Friday.
The plea was presented to Chief Justice of India (CJI) B.R. Gavai by senior advocate Gopal Sankaranarayanan, who confirmed that the case has been scheduled for hearing on August 8 (Friday).
This petition, submitted by Zahoor Ahmed Bhat and activist Khurshaid Ahmad Malik, argues that the ongoing delay in restoring statehood is “seriously impacting the rights of the citizens of Jammu and Kashmir and also infringing upon the principles of federalism.”
The petitioners assert that the absence of a timely restoration of statehood constitutes a breach of federalism, which is an essential part of the Basic Structure of the Constitution.
In the context of the verdict regarding Article 370 of the Constitution, a 5-judge Constitution Bench, led by former CJI D.Y. Chandrachud, left unresolved the matter of whether Parliament can abolish the status of statehood by transforming a state into one or more Union Territories. This was based on the statement made by Solicitor General Tushar Mehta, indicating that statehood would indeed be restored to Jammu and Kashmir.
Moreover, the court mandated the Election Commission of India to initiate actions to conduct elections for the Legislative Assembly of Jammu and Kashmir, as per Section 14 of the Reorganisation Act, by September 30, 2024, asserting that the “restoration of statehood should occur as soon as possible.”
During prior hearings, SG Mehta informed the court that the Union Home Ministry could not provide a definitive timeline, indicating it would require “some time” to reinstate statehood.
In May 2024, the Supreme Court rejected review petitions contesting its ruling, stating there was “no apparent error in the record” and declined to re-list the matter in open court.