Supreme Court to review plea on restoring Jammu and Kashmir’s statehood after Article 370 abrogation.

Case in News

The Supreme Court of India will hear plea on August 8 seeking Jammu and Kashmir statehood restoration .

Case Overview

Case Name – Zahoor Ahmed Bhat & Anr. v. Union of India & Ors.

The Supreme Court of India is set to hear on August 8 a plea demanding the restoration of statehood to Jammu and Kashmir, which was downgraded to a Union Territory following the Abrogation of Article 370 . The matter was mentioned before a Bench headed by Chief Justice of India BR Gavai by Senior Advocate Gopal Sankaranarayanan . The petitioners, Zahoor Ahmed Bhat and Khurshid Ahmad Malik, argue that continued denial of statehood violates citizens’ rights and the federal structure of the Constitution .

Key Aspects

The petition focuses on the consequences of the prolonged UT status of Jammu and Kashmir :

• Filed during 2023 Assembly elections, it opposed holding elections without first restoring statehood .
  
• Petitioners argue that functioning of a Legislative Assembly under Union control violates India’s federal structure .
  
• The bifurcation followed the Abrogation of Article 370, which ended J&K’s special constitutional status .
  
• The Court was urged not to delete the matter from the August 8 causelist .
  

Legal Insights

The plea raises significant constitutional questions regarding federalism and democratic governance :

• Article 1 & 3 of the Constitution allow reorganization of states, but must adhere to constitutional norms .
  
• The Abrogation of Article 370 (via Presidential Orders and legislation) enabled bifurcation into UTs .
  
• Basic Structure Doctrine : The petition argues that undermining federalism violates this constitutional doctrine .
  
• The 2023 Constitution Bench upheld the Abrogation of Article 370, but did not rule on bifurcation legality .
  
• Solicitor General previously stated UT status is temporary, with statehood to be restored .
  

Court’s Verdict

The Supreme Court of India has not yet ruled on this matter . However, it has agreed to retain the case for hearing on August 8, following submissions from the petitioners . The Court had earlier recorded that the Jammu and Kashmir Union Territory status is temporary and statehood will be restored in due course .

Source – Supreme Court of India 

Read also – Article 370 of Indian Constitution