• Source:JND

The Supreme Court of India is set to hear on August 8 a significant plea demanding the restoration of statehood to Jammu and Kashmir, nearly six years after the abrogation of Article 370.

The plea was mentioned by senior advocate Gopal Sankaranarayanan before a bench comprising Chief Justice BR Gavai and Justice K Vinod Chandran. "The date (on the SC website) shows as August 8. Let it not be deleted," he urged. The request was accepted by the CJI.

Growing Demand for Democracy in Jammu and Kashmir

This hearing comes exactly six years after Article 370 was revoked on August 5, 2019, ending the special constitutional status of the erstwhile state of Jammu and Kashmir. The move led to its reorganisation into two Union Territories -- Jammu & Kashmir and Ladakh.

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In December 2023, the Supreme Court upheld the abrogation, calling Article 370 a temporary provision. However, it also directed the Central Government to conduct assembly elections in Jammu and Kashmir by September 2024 and restore its statehood at the earliest.

Petition Cites Delay in Restoring Statehood

The plea has been filed by academician Zahoor Ahmad Bhat and socio-political activist Khurshaid Ahmad Malik. It urges the court to order the Centre to restore full statehood to Jammu and Kashmir within two months. "The delay in restoring statehood undermines federalism, a basic feature of the Constitution of India," the petition argues.

It further highlights that the peaceful conduct of Lok Sabha and assembly elections in the region indicates no current security threat, removing the rationale for continuing with the Union Territory status.

"Therefore, 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," the plea said.

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"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 added.

Continued UT Status Impacting Growth and Rights

The petition says that keeping Jammu and Kashmir as a Union Territory for almost five years has negatively impacted the development and democratic rights of the region’s residents. "Jammu and Kashmir needs a strong federal structure to preserve its unique identity and ensure fast-paced development," it adds.

Despite the Supreme Court’s directive in 2023 to restore statehood "as soon as possible", the Centre has not issued any implementation timeline, the plea points out. 

"It is submitted that Jammu and Kashmir has been 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 plea contended.

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(With PTI Inputs)