Supreme Court to Hear J&K Statehood Plea on August 8

As the sixth anniversary of the abrogation of Article 370 marks a significant moment, the Supreme Court is set to hear a critical plea on August 8, urging the Centre to restore statehood to Jammu and Kashmir. The plea, brought before a bench led by Chief Justice of India B R Gavai and Justice K Vinod Chandran, was mentioned by Senior Advocate Gopal Sankaranarayanan, who emphasized maintaining the scheduled hearing date.

The plea, filed by academician Zahoor Ahmad Bhat and socio-political activist Khurshaid Ahmad Malik, demands immediate action to reinstate Jammu and Kashmir’s statehood, arguing that prolonged Union Territory status undermines democratic governance and federalism—a core principle of India’s Constitution. The application highlights that Jammu and Kashmir has functioned as a Union Territory for nearly five years, stunting its development and limiting citizens’ democratic rights.

In December 2023, the Supreme Court unanimously upheld the 2019 revocation of Article 370, which had granted special status to the erstwhile state. The court mandated assembly elections by September 2024 and directed the Centre to restore statehood “at the earliest.” While peaceful Lok Sabha and assembly elections were conducted in 2024, with results declared on October 8, the Centre has yet to provide a timeline for statehood restoration, prompting the current plea.

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The petitioners argue that the absence of security concerns, as evidenced by incident-free elections, eliminates any justification for delaying statehood. They stress that continued Union Territory status diminishes the region’s ability to address its unique challenges, including economic development and cultural preservation. “Jammu and Kashmir deserves a robust federal structure to foster growth and celebrate its distinct identity,” the plea asserts.

The Supreme Court’s 2023 verdict clarified that Article 370 was a temporary provision, and the President’s authority to revoke it was valid after the dissolution of the state’s Constituent Assembly in 1957. However, the court emphasized the urgency of restoring statehood to ensure democratic representation. The upcoming hearing will scrutinize the Centre’s inaction and could set a precedent for federal governance in India.

As Jammu and Kashmir navigates its post-Article 370 landscape, the August 8 hearing is poised to be a pivotal moment in restoring its status as a full-fledged state, addressing the aspirations of its people and reinforcing India’s federal framework.

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