Plea in SC seeks restoring statehood of Jammu and Kashmir

New Delhi: A plea has been filed in the Supreme Court seeking a direction to the Centre to restore statehood of Jammu and Kashmir in a time-bound manner within a period of two months as per the assurance given by the Union government to the court.

One of the intervenors in the matter titled 'In re: Article 370 of the Constitution', Zahoor Ahmad Bhat, along with another person, filed the application before the court.

He claimed the non-restoration of the status of statehood of Jammu and Kashmir in a time-bound manner violated the idea of federalism which formed a part of the basic structure of the Constitution.

"It is of utmost importance that the status of statehood is restored so that the people can enjoy an autonomy in their individual identity and also play an important part in the overall development of the country," his plea said.

The Union government gave an assurance in this regard as recorded in the judgment of December 11, 2023, when the apex court rejected a challenge to validity of dilution of Article 370 of the Constitution.

If such a direction is not passed at the earliest, it would lead to grave harm being caused to the federal structure of the country, the plea said.

The applicant claimed that in the Indian political history, there is no precedent of a state being converted into a Union Territory and a Union Territory with legislature being created without a constitutional amendment.

It also said the conversion of a state into a Union Territory results in retrogression of democratic rights of the people of the concerned state.

"While there have been plenty of political demands for the conversion of Union Territory into a state, there has never been a demand for a state to completely devolve into a Union Territory," it said.

It also pointed out under the Constitutional scheme, the distinction between states and Union Territories is very wide.

The non-restoration of the status of statehood of Jammu & Kashmir will result in a lesser form of elected democratic government, especially in light of the Legislative Assembly results being declared on October 8, 2024, the plea said.

"Jammu and Kashmir being an individual state having gone through many struggles and hardships require a strong federal structure to help in developing the area and also celebrating its unique culture," the plea said.

However, even after passing of 10 months of the judgment of December 11, 2023, till date, no step has been taken to restore the status of statehood of Jammu and Kashmir which is gravely affecting the rights of the inhabitants of Jammu and Kashmir and also violating the basic structure of federalism, it said.

The plea said this issue is of grave urgency and importance as Jammu and Kashmir recently held the Legislative elections from September 18, 2024 to October 01, 2024 in three phases to elect 90 members of the Jammu and Kashmir Legislative Assembly after a period of 10 years.

"The voter turnout was exemplary which depicts that there is no impediment for the restoration of the statehood and democracy. The results of the said elections are to be pronounced on October 8, 2024," it said.

The plea also said the Legislative Assembly elections were conducted with peace without any incident of violence, disturbance or any security concerns being reported. Further, the general elections were also held without any such incidence of violence from April 19, 2024 to May 20, 2024, it said.

The plea said Jammu and Kashmir will also soon hold Panchayat elections, in the coming months which "would also be conducted smoothly and in peaceful circumstances".

"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," it said.