Indian Supreme Court to Consider Timely Restoration of Statehood to Jammu and Kashmir


New Delhi: The Supreme Court of India has agreed to hear a plea for the restoration of statehood to Indian illegally occupied Jammu and Kashmir (IIOJK), setting the stage for a significant judicial review that could influence the region’s administrative future.



According to Kashmir Media Service, the petition was lodged by Zahoor Ahmad Bhat, an academic, and Khurshaid Ahmad Malik, a socio-political activist from IIOJK. They are represented by senior advocate Gopal Sankaranarayanan, who pressed the urgency of the matter before a bench headed by Chief Justice D.Y. Chandrachud. The bench, which also includes Justices J.B. Pardiwala and Manoj Misra, was told of the need for a “time-bound” approach to the implementation of statehood under Article 370.



Chief Justice Chandrachud expressed a readiness to address the issue, stating, “I will deal with it.” This response came during deliberations over the application which emphasizes the Indian government’s inaction despite previous commitments made by the Solicitor General to restore statehood. The petitioners argue that the government’s delay is a breach of the federal principles embedded in the Indian Constitution.



Highlighting recent developments, the petitioners pointed out that the smooth conduct of peaceful assembly elections in the region demonstrates the feasibility of restoring statehood. They referenced a decision from December 11, 2023, in which the Indian Supreme Court upheld the revocation of Article 370, which had provided special autonomy to the region. The court had then ordered that assembly elections be held by September 2024 and called for the swift restoration of statehood, underscoring the legal and political complexity surrounding the region’s status.

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