New Delhi– The Supreme Court of India is scheduled to hear a significant plea on August 8, urging the central government to restore statehood to the Union Territory of Jammu and Kashmir, according to a report by Live Law. The application, mentioned before Chief Justice of India BR Gavai by Senior Advocate Gopal Sankaranarayanan, is listed for that date, with the advocate requesting that it remain on the court’s schedule. Chief Justice Gavai confirmed the request, ensuring the matter will proceed as planned.
The plea coincides with the sixth anniversary of the abrogation of Article 370 on August 5, 2019, when the central government revoked Jammu and Kashmir’s special status and reorganized the former state into two Union Territories: Jammu and Kashmir and Ladakh. The application is filed as a Miscellaneous Application in the concluded case “In Re: Article 370 of the Constitution,” where the Supreme Court previously upheld the abrogation of the region’s special status.
In its December 2023 ruling, the Supreme Court refrained from addressing the constitutionality of the Jammu and Kashmir Reorganisation Act, 2019, which split the state into two Union Territories. This decision was influenced by the Solicitor General’s assurance that statehood would be restored “at the earliest.” The court directed that statehood be reinstated as soon as possible but did not specify a timeline.
The current plea, brought by Zahoor Ahmed Bhat, a college teacher, and Khurshaid Ahmad Malik, a social activist, represented by Advocate-on-Record Ejaz Maqbool, argues that the central government has not taken steps to restore statehood in the eleven months since the judgment. The petitioners highlight the peaceful conduct of recent assembly elections in the region, asserting that there are no security concerns preventing the restoration of statehood. They contend that the continued delay undermines India’s federal structure and impacts the democratic rights of Jammu and Kashmir’s citizens.
The upcoming hearing is expected to address these concerns, focusing on the urgency of restoring statehood to ensure democratic governance and federal principles are upheld.
