On Friday, a case asking the Supreme Court to order the Central Government to grant the Union Territory of Jammu and Kashmir statehood will be heard.
Senior advocate Gopal Sankaranarayanan brought up the request before Chief Justice of India (CJI) B.R. Gavai, who confirmed that the case has been scheduled for hearing on Friday, August 8.
Zahoor Ahmed Bhat and activist Khurshaid Ahmad Malik filed the case, arguing that the ongoing hold-up in regaining statehood is “violating the idea of federalism and gravely affecting the rights of the citizens of Jammu and Kashmir.”
The applicants contend that a breach of federalism, which is a component of the Constitution’s Basic Structure, has occurred when statehood has not been restored within a certain time frame.
Based on Solicitor General Tushar Mehta’s declaration that statehood would be restored to Jammu and Kashmir, a five-judge Constitution Bench led by then Chief Justice D.Y. Chandrachud left open the question of whether the Parliament can eradicate the character of statehood by converting a state into one or more Union Territories in its “In re: Article 370 of the Constitution” ruling.
Nonetheless, it stated that “restoration of statehood shall take place at the earliest and as soon as possible” and directed the Election Commission of India to take action to hold elections for the Legislative Assembly of Jammu and Kashmir, which was established under Section 14 of the Reorganisation Act, by September 30, 2024.
SG Mehta had informed the court at the previous proceedings that the restoration of statehood would require “some time” and that the Union Home Ministry was unable to give a precise timeframe.
In May 2024, the Supreme Court declined to list the case in open court and rejected review petitions against its decision, finding that there was “no error apparent on the face of the record.”
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