Plea filed in SC for restoring statehood of J&K

NEW DELHI: A plea has been filed in the Supreme Court seeking a direction to restore statehood of Jammu and Kashmir as per the assurance given before it in the case titled as 'In re Article 370 of the Constitution', in a time bound manner within a period of two months.

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

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

"Jammu and Kashmir, which has always had a federal relationship with the Union of India, it is of utmost importance that the status of statehood is restored so that they 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 applicant sought a direction for restoration the status of statehood of Jammu and Kashmir at the earliest in a time bound manner as had been undertaken by the Union of India in the judgment of December 11, 2023, when the apex court rejected a challenge to validity of dilution of Article 370 of the Constitution.

He claimed if such a direction is not passed at the earlies by this court, it would lead to grave harm being caused to the federal structure of the country.

"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. Hence, the State action is not supported by any precedent either," the plea said.

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.

"Therefore, 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 (government under Part VI of the Constitution) and Union Territories (governed under Part VII of the Constitution) is very wide.

The non-restoration of the status of statehood of Jammu & Kashmir will result in it being given a lesser form of elected democratic government especially in light of the Legislative Assembly results being declared on October 08, 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.

The applicant also pointed out while examining the validity of dilution of Article 370 of the Constitution, the court did not proceed to consider the issue whether a state can be extinguished all together on account of the statement made by the Solicitor General wherein it was stated that statehood will be restored to Jammu and Kashmir and that its status as a Union territory is temporary.

In view of the submission made by the Solicitor General that statehood would be restored of Jammu and Kashmir, this Court did not find it necessary to determine whether the reorganisation of the State of Jammu and Kashmir into two Union Territories of Ladakh and Jammu and Kashmir is permissible under Article 3 and the said question was left open.

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 as a state 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 08, 2024," it said.

The delay in restoration of Statehood would cause serious reduction of democratically elected government in Jammu and Kashmir causing grave violation of the idea of federalism which forms part of the basic structure of the Constitution of India.

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

The plea said Jammu and Kashmir will also soon to 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.

The plea also said Jammu and Kashmir is being operated as a Union territory for a period of almost five years now, which has caused many impediments and grave losses to the development of Jammu and Kashmir and has affected the democratic rights of its citizens.

"Despite, there being no impediment in actualizing the directions of this Court which was supposed to be done in an expeditious manner, the Union of India has failed to take any cogent steps in this regard. Therefore, it is important that the Union of India be directed to provide a timeline for restoration of the Statehood of Jammu and Kashmir within a period of two months," it said.

The conversion of the State of Jammu and Kashmir into two Union Territories has resulted in Jammu and Kashmir being given a lesser form of elected democratic government, which will soon be formed once the results of the Legislative Assembly are declared, the plea said.