Institute of Legal and Management Studies

The Supreme Court is scheduled to hear tomorrow (August 14) the issue of the restoration of statehood of Jammu & Kashmir.

The matter is listed before the bench of CJI BR Gavai and Justice K Vinod Chandran.

The bench will be hearing the application seeking directions to the Union Government to restore the statehood of the Union Territory of Jammu and Kashmir.

The application has been filed as a Miscellaneous Application in the disposed of matter "In Re: Article 370 of the Constitution" in which the Supreme Court upheld the abrogation of the special status of Jammu and Kashmir.

In that judgment, the Court did not address the issue of the constitutionality of the Jammu and Kashmir Reorganisation Act 2019, which converted J&K into a Union Territory, in view of the assurance given by the Solicitor General that the Statehood will be restored. The Court merely directed, "Restoration of statehood shall take place at the earliest and as soon as possible", without setting any timeline.

Why Is Restoration Of Statehood To J&K Being Sought?

The applicants, college teacher Zahoor Ahmed Bhat and activist Khurshaid Ahmad Malik, stated that despite the assurance given by the Solicitor General that J&K's statehood will be restored, the Union has not taken any steps in that regard in the last eleven months after the judgment in the Article 370 case.

The Non-restoration of J&K's statehood violates the basic feature of federalism, contended the applicants. "The non-restoration of the status of Statehood of Jammu and Kashmir in a time-bound manner violates the idea of federalism which forms a part of the basic structure of the Constitution of India," they said.

The applicants said that the Assembly elections were held peacefully and it shows that there is no impediment in restoring statehood. "Therefore, there is no impediment of security concerns, violence or any other disturbances which would hinder or prevent the grant/restoration of the status of Statehood to Jammu and Kashmir as had been assured by the Union of India in the present proceedings," the application stated.

The petition has been filed by AoR Soayib Qureshi

Case Details : ZAHOOR AHMAD BHAT AND ANR. Versus UNION OF INDIA MA 2259/2024 and connected matter