SC gives Centre four weeks to reply to J&K statehood pleas
The Supreme Court on Friday asked the Centre to respond in four weeks to petitions seeking restoration of statehood to the Union Territory of Jammu and Kashmir.
Solicitor General Tushar Mehta told a Bench led by Chief Justice of India BR Gavai that there had been substantial progress in J&K in the past six years and peaceful elections were conducted there last year.
Mehta, however, submitted that the Centre and the J&K Government were in consultation and that more time was needed to consider the issue of restoring statehood in view of security concerns.
“There has been substantial progress in Jammu and Kashmir… but certain incidents, including the Pahalgam attack, have taken place and all that will have to be taken into consideration before a final call is taken,” Mehta said during the hearing on petitions, including those filed by academician Zahoor Ahmad Bhat, activist Khurshid Ahmad Malik and Irfan Hafiz Lone.
“The decision is to be taken after taking all factors into consideration… See what happened in Pahalgam…" noted CJI Gavai, who had on August 14 also said, “You cannot ignore what happened in Pahalgam… It‘s for Parliament and the executive to take a decision.”
On behalf of the petitioners, senior counsel Gopal Sankaranarayanan said, “There was a solemn undertaking… Pahalgam was under their watch."
Mehta took exception to Sankarnarayanan’s submissions. “Under our government’s watch. Who are they? The Supreme Court must rule on this!" he said.
“Statehood was taken away in 2019 and we are now in 2025. Now, for reasons best known… enough water has flown under the bridge and elections have also been held," Sankaranarayanan submitted.
“Blood and water also," Mehta shot back as he alleged that some people were spreading a specific narrative and painting a grim picture of the UT.
Senior advocates Menaka Guruswamy, Prashanto Chandra Sen and NK Bhardwaj, representing various petitioners, also reminded the Centre of its assurance given to the apex court’s Constitution Bench on the restoration of statehood during hearing on petitions challenging abrogation of Article 370.
The Supreme Court had on August 14 asked the Centre to respond to petitions seeking directions to the Centre to restore statehood even as it noted that the April 22 Pahalgam terrorist attack in which 26 persons were killed could not be ignored.
The Centre has already said it would restore statehood to J&K.
The petitioners, however, submitted, “The delay would cause a serious reduction of democratically elected government in J&K, causing a grave violation of the idea of federalism which forms part of the basic structure of the Constitution.”
In its December 11, 2023, historic verdict, the Supreme Court had upheld the Centre’s August 5, 2019, decision to abrogate provisions of Article 370 of the Constitution that gave special status to the erstwhile state of J&K. It had said, “Restoration of statehood shall take place at the earliest.”
A five-judge Constitution Bench led by CJI DY Chandrachud (since retired) had unanimously directed the Election Commission to hold elections in the J&K by September 30, 2024, without waiting for restoration of statehood. The elections were conducted in September-October 2024.
While upholding the creation of Ladakh as a separate UT in view of security reasons, the top court had left open the legal question as to whether Parliament could completely convert a state into a UT as opposed to carving out a UT from a state in view of the Solicitor General’s statement that the Centre would restore statehood to J&K. The Supreme Court had in May 2024 dismissed petitions seeking review of its December 11, 2023, verdict.
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