The Supreme Court will hear on August 8 a plea seeking directions to the Centre to restore statehood to the Union Territory of Jammu and Kashmir. The petition argues that despite previous assurances, no concrete steps have been taken to reinstate full statehood nearly a year after the top court’s verdict on Article 370.
Senior advocate Gopal Sankaranarayanan mentioned the matter before a bench led by Chief Justice of India DY Chandrachud, requesting that the listing remain undisturbed. The CJI assured that the hearing will go ahead as scheduled on August 8.
The application, filed by Zahoor Ahmed Bhat and Khurshaid Ahmad Malik—both residents of Jammu and Kashmir—urges the court to direct the Centre to restore statehood within a specific time frame. The plea highlights that the delay is impacting democratic rights and violating the basic structure of federalism enshrined in the Constitution.
Filed through advocate Soyaib Qureshi, the application is part of the now-disposed case challenging the abrogation of Article 370. The petitioners argue that despite the Solicitor General’s assurance during the hearing that statehood would be restored, the Union government has not acted on it even 10 months after the court’s order dated August 11, 2023.
“If directions are not passed urgently, it could result in serious harm to the federal structure of the country,” the application warned, adding that the delay also compromises the political rights of Jammu and Kashmir residents and reduces democratic representation in the region.
The petition also questions the logic of conducting Assembly elections without restoring statehood, stating this would contradict the principle of federalism.
Noting the peaceful conduct of Assembly polls in the region, the application asserts that there are no longer any security-related obstacles to restoring statehood.
On December 11, 2023, a five-judge Constitution bench had unanimously upheld the Centre’s 2019 move to abrogate Article 370, terming it a “temporary provision.” However, the bench had also acknowledged the Union government’s statement that Jammu and Kashmir’s statehood—excluding Ladakh—would be restored.
The court had directed the Election Commission to hold Assembly elections in Jammu and Kashmir by September 30, 2024, and stated that statehood must be restored at the earliest.
The petition now seeks to hold the Centre accountable to that commitment and ensure timely restoration of full democratic governance in the region.
