SC to hear fresh plea on J&K statehood restoration August 8, petitioners flag 'federalism breach'

The Supreme Court will on August 8 hear a plea urging the Central government to restore statehood to Jammu and Kashmir, as promised in the aftermath of Article 370’s abrogation. Filed by Zahoor Ahmed Bhat and rights activist Khurshaid Ahmad Malik, the application argues that the government’s continued inaction violates the core constitutional principle of federalism.

Senior Advocate Gopal Sankaranarayanan, appearing for the petitioners, made an urgent mention of the matter before Chief Justice of India B R Gavai on August 5, requesting it not be removed from the day’s cause list. The CJI assured it would remain listed for August 8.

In their application, the petitioners highlight that even though a Constitution Bench of the apex court upheld the abrogation of Article 370 in December 2023, the Centre has taken no concrete steps toward restoring statehood to Jammu and Kashmir. They argue that this indefinite delay breaches the constitutional commitment to cooperative federalism.

“The non-restoration of statehood within a reasonable timeframe undermines the basic structure of the Constitution by eroding federalism,” the petition reads.

The plea also notes that peaceful legislative assembly elections were conducted in the Union Territory, underlining the absence of any law-and-order concerns that could justify further delays. “There is no prevailing security threat, unrest or instability that would hinder the reinstatement of full statehood,” the petitioners contend.

On December 11, 2023, a five-judge bench upheld the Centre’s 2019 move to revoke Article 370, calling it constitutionally valid. The bench also recorded the government’s assurance that statehood for J&K — excluding Ladakh — would be restored in due course.

Quoting Solicitor General Tushar Mehta’s statement during the hearings, the court had noted: “The statehood of Jammu and Kashmir will be restored (except for the carving out of the Union Territory of Ladakh).”

While the court declined to rule on whether bifurcation into Union Territories was constitutional under Article 3, it did direct the Election Commission to conduct assembly elections in J&K by September 30, 2024, and added that statehood should be restored “at the earliest and as soon as possible.”

With just under two months left for the election deadline, the petitioners now seek judicial intervention to ensure the restoration of statehood is not reduced to a vague promise, but realized in real terms.