Supreme Court Seeks Timeline For Jammu And Kashmir Statehood Restoration
New Delhi: On the twelfth day of hearings regarding the Article 370 case, the Supreme Court asked the Union Government to provide a timeframe for restoring Jammu and Kashmir“s statehood. The bench, led by Chief Justice DY Chandrachud, questioned the temporary nature of the Union Territory (UT) status and the timing of elections.
Solicitor General Tushar Mehta referred to Home Minister Amit Shah”s assurance of restoring statehood in the Parliament during the enactment of the Act. The Chief Justice asked, “How impermanent is this? When are you going to have elections?” Mr Mehta pledged to seek instructions on the matter.
Chief Justice Chandrachud explored whether a state-to-UT conversion could be temporary for national security but insisted on an eventual return to statehood. “It can”t be a UT permanently,” he stressed.
Mr Mehta reiterated that the government is acting upon the statements made during the parliamentary session. The Chief Justice emphasised that both national security and democracy shall be preserved.
In the afternoon session, Mr Mehta confirmed the government’s desire for J&K”s statehood restoration and continuation of the UT status for Ladakh. “UT is not permanent. Ladakh will remain UT,” he clarified. He also stated that apart from the Police and Public Order, all other matters will be transferred to the state government.
Today”s hearing scrutinized Parliament”s power to change a state into a UT under Article 3 of the Indian Constitution. Mr Mehta noted J&K”s unique security context, while Justice Kaul cited similar border state issues including that of Punjab and Northeastern states.
The Chief Justice raised concerns about the potential abuse of this power in future citing national security. Mehta argued J&K”s unique situation wouldn”t apply elsewhere.
The case of Article 370 deals with important constitutional questions regarding Jammu and Kashmir”s transition from a state to a union territory and its eventual restoration of statehood.
