SC to hear urgent plea for quick restoration of Jammu and Kashmir's statehood after recent elections

The Supreme Court has agreed to an urgent plea seeking the time-bound restoration of Jammu and Kashmir’s statehood, filed by academician Zahoor Ahmad Bhat and activist Khurshaid Ahmad Malik. The plea, presented by senior advocate Gopal Sankaranarayanan, calls for a specific timeline, citing that the delay undermines India’s federal structure and contradicts the central government’s previous assurances. Chief Justice DY Chandrachud, heading the bench, agreed to consider the request for an early hearing.

The plea is connected to the Supreme Court's December 2023 judgment, where a five-judge bench upheld the abrogation of Article 370, which had granted Jammu and Kashmir special status since 1949. The abrogation, carried out by the central government in August 2019, was deemed valid by the court, which described it as part of the “process of integration” of Jammu and Kashmir into India. However, the court also emphasized that the region’s statehood should be restored “as soon as possible” and instructed the Election Commission to hold assembly elections by September 2024.

The elections were successfully conducted between September 18 and October 1, 2024, with the National Conference-Congress alliance winning 42 seats in the 90-member assembly. Omar Abdullah, vice-president of the National Conference, was sworn in as Chief Minister, leading the first elected government in Jammu and Kashmir since the 2019 reorganization. The new government has made the restoration of statehood a top priority, with Abdullah emphasizing healing the social and political divides.

The petitioners argue that the peaceful elections prove there are no security threats or violence that could justify the prolonged Union Territory status. They claim the continued delay violates the constitutional promise of federalism, with no valid reasons to prevent the restoration. The petition urges the Supreme Court to enforce the government’s commitment to restoring statehood promptly.