Supreme Court Hearing on Petition to Restore Jammu and Kashmir's Statehood: Constitutional Mandate and Federal Implications

Srinagar:

The Supreme Court is scheduled to hear a petition today requesting immediate restoration of statehood to Jammu and Kashmir and implementation of directions issued by a constitutional bench in December 2023. Chief Justice of India BR Gavai will lead the bench hearing the plea this morning.

On August 14, the Supreme Court granted the Centre two months to submit its response. However, no response has been filed yet.

A Constitution Bench upheld the abrogation of Article 370 on December 11, 2023, but instructed the central government to restore Jammu and Kashmir's statehood "at the earliest, as soon as possible." The Union government had also assured the court that "the status of J&K as a Union territory is temporary and its statehood will be restored."

Based on the central government's assurance regarding statehood restoration, the court determined it unnecessary to decide whether converting a state into a union territory was permissible under Article 3 of the Constitution.

"In view of the submission made by the Solicitor General that statehood would be restored of Jammu and Kashmir, we do not find it necessary to determine whether the reorganisation of the State of Jammu and Kashmir into two Union Territories of Ladakh and Jammu and Kashmir is permissible under Article 3," stated the five-judge constitutional bench.

The current petition seeks statehood restoration, arguing that the delay violates India's federal structure.

Jammu and Kashmir was deprived of its statehood and special status under Article 370 in August 2019. Since then, the Centre has repeatedly assured the people of Jammu and Kashmir that statehood would be restored "at an appropriate time."

Recently, Chief Minister Omar Abdullah sent letters to all political party leaders, including those from BJP and Congress, urging them to introduce a bill in parliament for statehood restoration.

Abdullah emphasized that restoring statehood was not a favor but a necessary course correction. He warned that the precedent of downgrading a state to a union territory could have destabilizing consequences for the country, calling it a red line that should never be crossed.

"The restoration must not be viewed as a concession but as an essential course correction—one that prevents us from sliding down a dangerous and slippery slope where the statehood of our constituent states is no longer regarded as a foundational and sacred constitutional right but reduced instead to a discretionary favour bestowed at the will of the central government," Abdullah stated.