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Petition In Supreme Court Seeking Statehood For Jammu & Kashmir

A fresh plea has been filed in the Supreme Court seeking a directive for the restoration of Jammu and Kashmir's statehood within two months. The petition, brought forth by Zahoor Ahmad Bhat and Khurshaid Ahmad Malik, argues that the delay violates the constitutional principle of federalism. Despite the Supreme Court's 2023 ruling, which upheld the abrogation of Article 370, statehood remains unaddressed. 

The application, filed through advocate Soayib Qureshi, emphasises that “the delay in the restoration of statehood would cause serious reduction of democratically elected government in Jammu and Kashmir causing a grave violation of the idea of federalism which forms part of the basic structure of the Constitution of India.” It points out that, despite the assurance given by the Solicitor General during the hearings on Article 370 that statehood would be restored, no steps have been taken in the eleven months since the Supreme Court’s decision. The plea refers to the court’s direction for the restoration of statehood “at the earliest,” asserting that the Union Government's inaction goes against this directive.

The petitioners also draw attention to the peaceful conduct of both the legislative assembly and Lok Sabha elections in Jammu and Kashmir, arguing that this shows there are no security concerns or disturbances hindering the restoration of statehood. The plea states, “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.” The petitioners argue that in the absence of any such barriers, the Union Government should take immediate steps toward reinstating Jammu and Kashmir's statehood.

The plea further argues that the continued administration of Jammu and Kashmir as a Union Territory has significant socio-political consequences. It contends that the prolonged Union Territory status deprives the region of a fully empowered democratic government. The petitioners argue that “the non-restoration of the status of Statehood of Jammu and Kashmir in a time-bound manner violates the idea of federalism which forms a part of the basic structure of the Constitution of India.” The plea stresses that Jammu and Kashmir's historical and cultural identity requires a strong federal structure to support effective governance, which can only be realised through the restoration of statehood.

 

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Asmi Desai

Law Intern, 5th year B.A./LL.B

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