Supreme Court Hearing Today On Petition To Restore J&K’s Statehood
Srinagar, Oct 10: The Supreme Court will hear a petition today seeking the immediate restoration of statehood to Jammu and Kashmir and the implementation of directions passed by a constitutional bench in December 2023. A bench headed by Chief Justice of India BR Gavai will hear the plea this morning.
On August 14, the top court had given the Centre two months to file its response. So far, no response has been filed.
On December 11, 2023, a Constitution Bench had upheld the abrogation of Article 370 but directed the central government to restore statehood to Jammu and Kashmir “at the earliest, as soon as possible.” The Union government had also submitted before the court that the “status of J&K as a Union territory is temporary and its statehood will be restored.”
Following the central government’s assurance on the restoration of statehood, the court stated that it would not determine whether turning a state into a union territory was permissible under Article 3 of the Constitution.
“In view of the submission made by the Solicitor General that statehood would be restored of Jammu and Kashmir, we do 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,” a five-judge constitutional bench had said.
The plea now seeks the restoration of statehood, terming the delay in restoration a violation of the country’s federal structure.
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