CJI-led Bench to hear petitions on J&K statehood restoration today

The Supreme Court is likely to take up on August 14 petitions seeking directions to the Centre to restore statehood to Jammu and Kashmir.

The Supreme Court’s cause list for Thursday shows that the petition filed by college teacher Zahoor Ahmed Bhat and activist Khurshid Ahmad Malik is listed before a Bench of Chief Justice of India BR Gavai and Justice K Vinod Chandran as item number 9.

Another connected petition filed by one Irfan Hafiz Lone on the issue is also listed for hearing.

“The delay in restoration of statehood would cause a 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,” Bhat and Malik submitted.

Bhat and Malik had filed a petition in the Supreme Court in October 2024 seeking restoration of its statehood in two months.

Referring to the polls in Jammu and Kashmir, they submitted that the formation of the legislative Assembly before the restoration of statehood violated the idea of federalism — a part of the basic structure of the Constitution.

The BJP-led government at the Centre has already said it would restore statehood to Jammu and Kashmir.

In its December 11, 2023, historic verdict, the Supreme Court 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. It 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 UT by September 30, 2024, without waiting for the restoration of statehood. The elections were conducted in September-October 2024.

While upholding 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 Solicitor General Tushar Mehta’s statement that the Centre would restore statehood to Jammu and Kashmir. The Supreme Court had in May 2024 dismissed petitions seeking review of its December 11, 2023, verdict.