Plea Filed in Supreme Court for Restoration of Jammu and Kashmir’s Statehood

Plea Filed in Supreme Court for Restoration of 

Jammu and Kashmir’s Statehood

A fresh plea has been filed in the Supreme Court of India, urging the Court to issue directions for the immediate restoration of statehood to Jammu and Kashmir. The application, filed by Zahoor Ahmed Bhat (a college teacher) and activist Khurshaid Ahmad Malik, calls for a time-bound restoration of Jammu and Kashmir’s statehood, stating that the delay is causing significant harm to both the federal structure of the country and the fundamental rights of its citizens.

Background and Key Points of the Plea

Union Government’s Assurance

The plea argues that despite assurances given by the Solicitor General of India that Jammu and Kashmir’s statehood would be restored, there has been no progress over the last ten months since the Supreme Court’s decision on the abrogation of Article 370.

The petitioners have filed this application seeking a two-month timeframe for the restoration of statehood, pointing to the Union Government's commitment as the basis for their request. They emphasize that the lack of action on this issue has aggravated the rights of the people of Jammu and Kashmir and undermined the federal principles embedded in the Constitution of India.

Concerns on Federalism and Democratic Rights

The plea also draws attention to the recently concluded elections in Jammu and Kashmir and suggests that the formation of a Legislative Assembly without first restoring statehood would infringe upon the principles of federalism and democracy. The applicants argue that Jammu and Kashmir has been deprived of a full-fledged democratic government, which is crucial for the proper governance of the region.

It is argued that the current structure, which converts the state into two Union Territories, has given the region a diminished form of democratic governance, further affecting the territorial integrity and individual autonomy of Jammu and Kashmir. This, the petitioners claim, would lead to the long-term erosion of fundamental rights and would further disrupt the democratic and federal relationship Jammu and Kashmir has historically had with the Union of India.

Petitioners’ Arguments

1. Delay in Statehood Restoration: The delay in restoring statehood violates the basic structure of federalism and the fundamental rights of citizens in Jammu and Kashmir. According to the plea, if the Supreme Court does not direct a time-bound restoration, it could cause irreparable harm to both the democratic and federal structures.

   

2. Impact on Federalism: The applicants argue that without the restoration of statehood, the formation of a Legislative Assembly would lead to a government with lesser powers. This would compromise the federal nature of the relationship between Jammu and Kashmir and the Union, leaving the region vulnerable to further political and administrative challenges.

3. Peaceful Elections: Referring to the peaceful nature of the recent assembly elections, the petitioners believe there are no security concerns that would prevent the timely restoration of statehood. They emphasize that restoring statehood would enhance the democratic governance of the region, allowing citizens to participate fully in the political process.

4. Fundamental Rights and Territorial Integrity: The plea further states that the conversion of Jammu and Kashmir into Union Territories has already resulted in the curtailment of fundamental rights, as well as damage to the territorial integrity of the region. The failure to restore statehood, they argue, would exacerbate this situation.

Legal Background: Abrogation of Article 370

In August 2019, the Government of India announced the abrogation of Article 370, which had granted Jammu and Kashmir special status under the Indian Constitution. This move was followed by the bifurcation of the state into the Union Territories of Jammu and Kashmir and Ladakh. While the abrogation of Article 370 was upheld by the Supreme Court, the restoration of statehood has remained a pressing issue.

The Union Government has repeatedly assured the public that statehood would be restored after normalcy returns to the region. However, the lack of concrete steps in this direction has prompted citizens and activists to approach the Supreme Court for intervention.

Conclusion

The plea filed in the Supreme Court emphasizes the need for timely action in restoring Jammu and Kashmir’s statehood. The applicants argue that the delay not only affects the federal balance but also threatens the fundamental rights and democratic autonomy of the people of Jammu and Kashmir. They have called for a two-month timeframe for the restoration of statehood, urging the Court to uphold the promises made by the Union Government and ensure that the region is governed under a full-fledged democratic structure.