The Supreme Court on Thursday stressed that calls for the restoration of Jammu and Kashmir’s statehood cannot be considered in isolation from the region’s prevailing security situation, particularly in the wake of the recent Pahalgam terror attack.
A bench headed by Chief Justice BR Gavai made the observation while hearing a petition that sought immediate implementation of the Court’s December 2023 judgment, which had directed that statehood should be restored at the earliest possible opportunity after the conduct of Assembly elections.
The petitioner urged that Jammu and Kashmir be reinstated as a state within two months, arguing that the delay in restoring statehood was a violation of India’s federal structure and constitutional principles.
Jammu and Kashmir was downgraded from statehood to a Union Territory in August 2019, when the central government abrogated Article 370, ending the region’s special status. The state was bifurcated into the Union Territories of Jammu and Kashmir, and Ladakh.
Since then, the central government has maintained that statehood would be restored “at an appropriate time” but has refrained from announcing a specific timeline. The region has been under President’s Rule since 2018, and the last Assembly elections were held in 2014. In 2023, the Election Commission was instructed to prepare for fresh Assembly elections, but no final schedule has been announced.
The security aspect has gained prominence after the deadly Pahalgam attack, which, according to the bench, underlines the importance of considering regional stability before making any decision on restoring statehood.
Former Chief Minister Omar Abdullah recently wrote to leaders across the political spectrum, urging them to introduce a bill in Parliament to restore J&K’s statehood. In his letter, Abdullah argued that statehood restoration was not a concession but an “essential course correction,” warning that allowing the downgrading of a state into a Union Territory could set a dangerous precedent for India’s federal structure.
He cautioned that the right to statehood must be treated as a “foundational and sacred constitutional guarantee,” not as a privilege granted at the central government’s discretion.
While political leaders continue to push for an early restoration, the Supreme Court’s remarks signal that national security considerations—especially in the aftermath of recent terror incidents—will play a decisive role in determining when Jammu and Kashmir regains its statehood.
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