New Delhi: The Supreme Court on Friday granted the Union government an additional four weeks to respond to a set of petitions seeking the time-bound restoration of statehood to Jammu and Kashmir (J&K).
A Bench comprising Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran passed the order after Solicitor General Tushar Mehta requested more time to address the petitioners’ arguments regarding the implementation of the undertaking given before the Constitution Bench on restoring J&K’s statehood.
Centre Flags Security and Cross-Border Concerns
“There are circumstances, situations, and several angles. There are cross-border considerations,” SG Mehta said, highlighting that some groups aim to portray a “grim picture” of J&K internationally.
He added, “Jammu and Kashmir region has progressed and everyone is happy and 99.99 per cent of the people there treat the Government of India as their own government.”
Court Notes Progress and Past Incidents
The CJI Gavai-led Bench observed that while substantial progress has been made in J&K, incidents like the Pahalgam terror attack must be factored into any final decision. The court also acknowledged that elections to the J&K Assembly were conducted peacefully and noted ongoing consultations between the Centre and state authorities regarding the restoration of statehood.
During an earlier hearing on August 14, the Bench had cited “ground realities” and the Pahalgam attack while agreeing to the Centre’s request to list the matter after eight weeks, stating, “You will also have to take into consideration the ground realities. You cannot ignore what has happened in Pahalgam.”
Petitioners Seek Timely Restoration of Statehood
The applicants argued that delays in restoring statehood are “gravely affecting the rights of the citizens of Jammu and Kashmir and also violating the idea of federalism.” They further contended that failing to reinstate statehood within a set timeframe amounts to a breach of federalism, which forms part of the Constitution’s Basic Structure.
Background: Constitution Bench Verdict
The matter traces back to a 5-judge Constitution Bench, headed by then CJI D.Y. Chandrachud, which in the ‘re: Article 370 of the Constitution’ verdict left open whether Parliament can alter a state’s status by converting it into one or more Union Territories. The Bench had relied on an oral statement on the Centre’s behalf that J&K’s statehood would be restored.
The Bench had also instructed the Election Commission of India to conduct elections for the J&K Legislative Assembly by September 30, 2024, under Section 14 of the Reorganisation Act, and emphasized that the “restoration of statehood shall take place at the earliest and as soon as possible.”