The Supreme Court Mentioned The Statehood Application For Jammu And Kashmir For Listing
Last Updated on October 17, 2024 by Arti Kumari
On Thursday, the Supreme Court indicated for listing a case asking for instructions to restore Jammu and Kashmir’s statehood within a two-month timeframe.
In order to have the application listed, Senior Advocate Gopal Sankaranarayanan brought up the issue with Chief Justice of India DY Chandrachud. “There is an MA in the Article 370 matter, the implementation for conferring statehood…it has to be time-bound,” Sankaranarayanan stated. CJI consented to take the request into account.
The Supreme Court affirmed the revocation of Jammu and Kashmir’s special status in the case “In Re: Article 370 of the Constitution,” in which the plea was submitted as a miscellaneous application. Given the Solicitor General’s guarantee that statehood will be restored, the Court did not review the legitimacy of the Jammu and Kashmir Reorganization Act 2019, which turned J&K into a Union Territory, in that ruling. Without establishing a deadline, the Court only stated that “Restoration of statehood shall take place at the earliest and as soon as possible”.
The applicants, activist Khurshaid Ahmad Malik and college instructor Zahoor Ahmed Bhat, claimed that the Union has not taken any action in that direction in the eleven months following the Article 370 case ruling, even though the Solicitor General had promised that J&K’s statehood would be reinstated.
The applicants argued that the refusal to restore J&K’s statehood contradicts a fundamental aspect of federalism. “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,” they stated.
The applicants claimed that the peaceful conduct of the Assembly elections demonstrated that there are no obstacles to regaining independence. “Therefore, 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,” read the application.
Advocate on Record Soyaib Qureshi submitted the application.
