Restoration of J&K statehood
Apex Court likely to hear pleas on Aug 8
Jammu: In a significant political move coinciding with the sixth anniversary of the abrogation of Article 370, Jammu and Kashmir Chief Minister Omar Abdullah has written to the presidents of over 40 political parties across the country, urging them to support the restoration of statehood to Jammu and Kashmir.
Calling the restoration “an essential course correction,” Abdullah emphasized in his two-page letter that the move should not be viewed as a concession by the central government, but as a constitutional and democratic necessity.
This development comes just days before the Supreme Court is scheduled to hear a plea on August 8, seeking directions to the Centre to restore statehood to the erstwhile state — which was downgraded to a Union Territory following the revocation of Article 370 on August 5, 2019.
In the letter, the Chief Minister urged political leaders to back legislation for the restoration of statehood during the ongoing session of Parliament, recalling that the Jammu and Kashmir Assembly had passed a unanimous resolution nine months ago calling for immediate restoration. Abdullah noted that the resolution was personally submitted to the Prime Minister with an assurance of consideration.
“Restoration must not be viewed as a concession, but as an essential course correction — one that prevents us from sliding down a dangerous and slippery slope where the statehood of our constituent states is no longer regarded as a foundational and sacred constitutional right, but reduced instead to a discretionary favour bestowed at the will of the central government,” Abdullah stated in his letter.
The timing of his outreach is symbolic, coinciding with the anniversary of one of the most significant constitutional changes in India’s history that saw the bifurcation of the erstwhile state into the Union Territories of Jammu and Kashmir and Ladakh.
Meanwhile, in New Delhi, the Supreme Court is set to hear a fresh application on August 8 seeking a timeline for the restoration of statehood to Jammu and Kashmir. The matter was mentioned on Tuesday by senior advocate Gopal Sankaranarayanan before a bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran, with the request to ensure that the scheduled hearing date is not altered. The CJI agreed and allowed the matter to remain listed for August 8.
The plea has been filed by academician Zahoor Ahmad Bhat and socio-political activist Khurshaid Ahmad Malik, who argue that the continued delay in restoring statehood is not only unconstitutional but also undermines the basic structure of federalism.
They contend that despite the Supreme Court’s own direction in December 2023 — which upheld the abrogation of Article 370 but ordered statehood to be restored “at the earliest” — no steps have been taken by the Centre to initiate the process or share a timeline.
“There is no longer any impediment to restoring statehood, especially after peaceful conduct of both assembly and Lok Sabha elections in the region,” the plea said, further adding that the delay has adversely impacted governance, development, and the democratic rights of the people of Jammu and Kashmir.
The petitioners also emphasized that the absence of full statehood has weakened local administration, hampered development efforts, and eroded public trust in democratic institutions.
On December 11, 2023, a five-judge Constitution Bench of the Supreme Court upheld the revocation of Article 370, ruling that it was a temporary provision and could be lawfully repealed by the President of India in the absence of the Constituent Assembly of J&K, which ceased to exist in 1957.
However, in the same verdict, the apex court had directed the Centre to hold Assembly elections in J&K by September 2024 and restore statehood at the earliest.
Despite this clear directive, the petitioners argue that the Centre has not taken any concrete action, and that continued delay in restoring statehood goes against both the spirit of the Constitution and the Court’s own judgment.
