SRINAGAR: On the sixth anniversary of the abrogation of Article 370, the Supreme Court has scheduled a hearing for August 8 on an application seeking directions to the Union Government to restore statehood to Jammu and Kashmir. The matter was mentioned on Monday by Senior Advocate Gopal Sankaranarayanan before Chief Justice of India BR Gavai, who confirmed that the case will remain listed for that day.
The application has been filed in the form of a Miscellaneous Application in the disposed case titled In Re: Article 370 of the Constitution, where the Supreme Court had upheld the Centre’s decision to abrogate Jammu and Kashmir’s special status. However, in that landmark verdict delivered in December 2023, the Constitution Bench had refrained from ruling on the constitutionality of the Jammu and Kashmir Reorganisation Act, 2019, which bifurcated the state into two Union Territories, in light of the Solicitor General’s assurance that statehood would be restored “at the earliest”.
The Court had then observed: “Restoration of statehood shall take place at the earliest and as soon as possible,” but did not prescribe a timeline.
The latest application has been moved by Zahoor Ahmed Bhat, a college teacher, and Khurshaid Ahmad Malik, a social activist. Represented by Advocate-on-Record Ejaz Maqbool, the applicants argue that the Centre has failed to take any steps toward restoring statehood in the eleven months since the judgment, despite the peaceful conduct of Assembly elections in the region.
They contend that this prolonged delay infringes upon the basic structure of the Constitution, particularly the principle of federalism. “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,” the application states.
The plea also highlights that the situation on the ground is conducive to the restoration of full statehood. “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,” it adds.
Legal news platform Live Law, which reported on the filing, noted that the application is a direct response to what the petitioners see as a breach of the Union Government’s commitment before the Supreme Court.
With the matter now formally scheduled for hearing, all eyes will be on the top court this Thursday as it considers whether the executive’s inaction on restoring statehood amounts to a constitutional lapse.
