SRINAGAR: On the first anniversary of the Supreme Court’s directive to restore Jammu and Kashmir’s statehood, National Conference leader Farooq Abdullah reiterated the demand for its immediate implementation, emphasising the Centre’s commitment to the pledge. Addressing reporters in Kathua, he urged the Union Government to fulfil its promise made in the apex court.
On December 11 2023, a Constitution Bench of the Supreme Court, led by the then Chief Justice D Y Chandrachud, upheld the Government’s 2019 decision to read down Article 370, which had granted special status to Jammu and Kashmir. The Court directed the Centre to expedite the process of restoring statehood to Jammu and Kashmir (excluding Ladakh), underlining the importance of democratic governance and federal principles.
Besides, the Election Commission of India was instructed to hold Legislative Assembly elections in the region by September 30 2024, which was eventually carried out in three phases.
“”We direct that steps shall be taken by the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir constituted under Section 14 of the Reorganisation Act by 30 September 2024. Restoration of statehood shall take place at the earliest and as soon as possible,” the Bench said.
The judgment highlighted several key considerations, including security challenges and the temporary nature of Article 370. The bench noted that the provision was transitional and had outlived its purpose. While it upheld the reorganisation of the state under Article 3 of the Constitution, it reserved judgment on whether Parliament could permanently reduce a state to Union Territories, leaving this issue for potential future adjudication.
The Court’s directives aimed to strengthen democratic processes in Jammu and Kashmir, despite concerns over sporadic militant violence. The Union Government’s assurance to the Court during the hearings—promising statehood would be restored once conditions were conducive—remains a critical point of focus.
Soon after the formation of the government in Jammu and Kashmir, in a significant political move, the Jammu and Kashmir Cabinet, led by Chief Minister Omar Abdullah, passed a resolution urging the Central Government to restore statehood to the region. The resolution passed during the Cabinet’s inaugural meeting in October, called for the reinstatement of Jammu and Kashmir’s statehood—a status revoked in August 2019 when the region was bifurcated into two Union Territories, Jammu and Kashmir and Ladakh, following the abrogation of Article 370.
Jammu and Kashmir Lieutenant Governor (LG) Manoj Sinha approved the resolution passed by the Omar Abdullah-led Cabinet urging the Centre to restore statehood to the Union Territory. A government statement read that the Cabinet, chaired by Abdullah, had passed a unanimous resolution for the restoration of statehood in its original form.
“The restoration of statehood will be the beginning of a healing process, reclaiming the constitutional rights and protecting the identity of the people of Jammu and Kashmir,” the statement read.
A year after the decision, while the election commission has complied with by holding the elections within the time frame set by the bench, the government has not been able to restore the statehood to Jammu and Kashmir. This has become a major issue for the incumbent government that repeatedly asserted that hybrid government and dual control systems are not working in Jammu and Kashmir. The erstwhile state is yet to have business rules for governance as a result of which the twin centres of power are likely to have tensions on a long-term basis. It was visible recently as the newspaper reported a controversy over transfers, a report the ruling JKNC denied.
