The Supreme Court is expected to hear a petition on August 8 seeking directions from the central government for the restoration of statehood to Jammu and Kashmir.

Senior advocate Gopal Sankaranarayanan raised the matter on August 5 before a bench comprising Chief Justice of India B R Gavai and Justice K Vinod Chandran.

"The date (on SC website) shows as August 8. Let it not be deleted," Sankaranarayanan stated during the hearing. The Chief Justice agreed to the request.

Six years since the revocation of Article 370

Tuesday marks the sixth anniversary of the abrogation of Article 370 on August 5, 2019, which granted special constitutional status to the former state of Jammu and Kashmir.

On December 11, 2023, the Supreme Court unanimously upheld the constitutional validity of the Centre’s move to revoke Article 370. At the same time, it directed that assembly elections be held in Jammu and Kashmir by September 2024 and that full statehood be restored “at the earliest”.

Petition seeks urgent action from Centre

A plea was filed last year in the Supreme Court urging the central government to restore Jammu and Kashmir’s statehood within two months.

The application was submitted by Zahoor Ahmad Bhat, an academician, and Khurshaid Ahmad Malik, a socio-political activist.

"It is submitted that the delay in the restoration of statehood would cause serious reduction of democratically elected government in Jammu and Kashmir, causing a grave violation of the idea of federalism which forms part of the basic structure of the Constitution of India," the petition reads.

Security no longer a concern, plea argues

The petition notes that recent elections in the region were carried out peacefully.

"The assembly elections and the Lok Sabha polls were conducted peacefully in Jammu and Kashmir without any incident of violence, disturbance or any security concerns being reported."

The petition concludes that “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 as had been assured by the Union of India in the present proceedings."

Concerns over democratic representation

The petition warns that continued delay would deprive the region of democratic representation:

"The non-restoration of the status of statehood of Jammu & Kashmir will result in Jammu & Kashmir being given a lesser form of elected democratic government, especially in light of the legislative assembly results being declared on October 8, 2024."

It further notes that despite the Supreme Court’s clear instructions to restore statehood “at the earliest and as soon as possible,” the Centre has yet to provide a timeline for doing so.

"It is submitted that Jammu and Kashmir is being operated as a Union Territory for a period of almost five years now, which has caused many impediments and grave losses to the development of Jammu and Kashmir and has affected the democratic rights of its citizens."

The petition also argues that the region's unique cultural and historical circumstances warrant a robust federal structure.

"Jammu and Kashmir being an individual state which has gone through many struggles and hardship requires a strong federal structure to help in developing the area and also celebrating its unique culture."

Court reiterated Article 370 was temporary

In its December 2023 judgment, the Supreme Court clarified that Article 370, incorporated into the Constitution in 1949 to provide special status to Jammu and Kashmir, was intended as a temporary provision.

The bench held that the President of India had the constitutional authority to revoke the provision, especially given that the Constituent Assembly of the former state had ceased to exist in 1957.

PTI