Supreme Court Seeks Government Response On Jammu And Kashmir Statehood Restoration Plea

The Supreme Court has issued a formal notice to the central government regarding a petition demanding the restoration of full statehood to Jammu and Kashmir within a specified timeframe. The bench, headed by Chief Justice Bhushan R Gavai and Justice K Vinod Chandran, has scheduled the matter for hearing after two months while giving the Centre eight weeks to respond.

The petition, filed through advocate Soyaib Qureshi on behalf of academician Zahoor Ahmad Bhat and social activist Khurshaid Ahmad Malik, argues that the prolonged Union Territory status undermines federalism, which constitutes a fundamental feature of the Indian Constitution. The petitioners contend that successful peaceful assembly elections and general stability demonstrate that security concerns no longer justify the continued territorial status.

During Thursday's proceedings, the applicants' counsel, senior advocate Gopal Sankaranarayanan, referenced the Supreme Court's December 2023 ruling on Article 370's abrogation. He emphasized that the court had previously refrained from addressing statehood restoration only because the Solicitor General had assured that it would occur following elections. The petition seeks restoration within two months, though the petitioners expressed willingness to accept any reasonable timeline set by the court.

However, the proceedings took a significant turn when the bench referenced the April 22 Pahalgam terror attack, suggesting that ground realities must be considered in such decisions. Chief Justice Gavai noted that the court lacks comprehensive expertise in security matters and acknowledged that certain decisions fall within the government's prerogative to assess local conditions.

Solicitor General Tushar Mehta strongly opposed the petition, characterizing it as non-maintainable and arguing that multiple considerations influence such decisions. He questioned the timing of raising this issue and requested the matter be postponed for eight weeks, indicating the government's reluctance to commit to immediate statehood restoration.

The legal challenge emerges against the backdrop of significant constitutional changes implemented on August 5, 2019, when Parliament revoked Article 370's special status provisions and divided the former state into two Union Territories - Jammu and Kashmir, and Ladakh. The Supreme Court's Constitution bench validated this action in December 2023, describing it as the culmination of Kashmir's integration process with India while recording the Centre's commitment to eventual statehood restoration.

Assembly elections were subsequently conducted in three phases between September and October 2024, resulting in a National Conference-Congress coalition government with Omar Abdullah assuming the chief minister's position. This democratic exercise fulfilled the court's directive for elections by September 2024.

Recent political developments have intensified speculation about the Centre's intentions. Chief Minister Abdullah recently expressed optimism about positive developments for Jammu and Kashmir during Parliament's current monsoon session. He has actively lobbied various political party leaders, including Congress president Mallikarjun Kharge, urging them to pressure the government for legislative action on statehood restoration.

The Pahalgam incident, specifically referenced by the court, involved three terrorists who killed 25 tourists and a local operator on April 22. Security forces subsequently eliminated the attackers on July 28 in the Dachigam forest area. Intelligence confirmed the terrorists' Pakistani origins and their affiliation with Lashkar-e-Taiba.

India's response included Operation Sindoor on May 7, targeting nine terrorist camps in Pakistan and Pakistan-occupied Kashmir, reportedly eliminating over 100 militants. The operation escalated into a four-day conflict involving airstrikes on Pakistani military installations before hostilities ceased on May 10 following bilateral understanding.

The court's reference to this attack underscores the complex security considerations that continue to influence policy decisions regarding Jammu and Kashmir's administrative status, even as democratic processes have been successfully restored and local governance established.