Supreme Court seeks Centre’s response within eight weeks on Jammu & Kashmir statehood plea

The Supreme Court of India reserved judgment on petitions seeking the restoration of full statehood to Jammu & Kashmir (J&K), instructing the Central Government to respond within eight weeks to the pleas filed by academician Zahoor Ahmad Bhat and activist Khurshaid Ahmad Malik.

The petitions advocate for a time-bound reinstatement of J&K’s statehood, arguing that prolonged Union Territory status violates the constitutional principle of federalism.

A bench comprising Chief Justice BR Gavai and Justice K Vinod Chandran underscored that ground realities, including the recent April 22 Pahalgam terror attack, in which 26 tourists were killed cannot be ignored in the decision-making process surrounding statehood restoration.

Senior advocate Gopal Sankaranarayanan, representing the petitioners, referenced the Supreme Court’s December 2023 ruling, which upheld the abrogation of Article 370 and directed statehood restoration "at the earliest" after Assembly elections. Though elections were held in 2024, statehood has not been reinstated—prompting the current plea.

Solicitor General Tushar Mehta emphasized the complexity of the issue, stating that the government had made assurances of statehood restoration, but stressed multiple considerations still influenced the decision. He requested time to consult with the Centre, and the Court listed the case for further hearing after eight weeks.

The constitutional backdrop to this debate harks back to August 2019, when the Indian government revoked J&K's special status under Article 370, reorganizing it into two union territories: J&K and Ladakh.

In December 2023, a Constitution Bench validated this change, while advising that statehood be restored, highlighting its importance to India's federal structure.

Since then, there have been mounting political and social pressures pressing for the return of statehood. On Aug 5, Chief Minister Omar Abdullah wrote to leaders of 42 political parties calling for a consensus on the matter and urging Parliament to introduce legislation during the current session.

However, Union Minister Satish criticized the delayed restoration. He stated that waiting eight months for a court decision was unnecessary and suggested that Prime Minister Narendra Modi should announce a timetable for statehood restoration, even during Independence Day celebrations to ensure the rights of the people of J&K are reinstated promptly.