 |
|
A significant development in the ongoing saga surrounding the special status of Jammu and Kashmir (J&K) unfolded in the Supreme Court of India on Thursday, with the mention of an application seeking the restoration of statehood for the region. The application, filed as a Miscellaneous Application (MA) in the disposed-of matter 'In Re: Article 370 of the Constitution,' seeks a directive for the restoration of J&K's statehood within a two-month timeframe. This legal maneuver further highlights the complex legal and political battle surrounding the future of J&K, a region that has been at the center of national attention since the abrogation of Article 370 in 2019.
Senior Advocate Gopal Sankaranarayanan, representing the applicants, brought the matter before the Chief Justice of India (CJI) DY Chandrachud, arguing for a timely restoration of statehood. The application points to the Supreme Court's earlier judgment on Article 370, where the abrogation of the special status was upheld, but the issue of the constitutionality of the Jammu and Kashmir Reorganization Act 2019 remained unaddressed. The Act effectively converted J&K into a Union Territory, a decision that has been met with considerable opposition and legal challenges.
In its previous judgment, the Supreme Court, while not delving into the constitutionality of the Reorganization Act, had stated that the restoration of statehood should take place 'at the earliest and as soon as possible'. However, the absence of a specific timeline for restoration has fueled concerns and prompted the current application. The applicants, college teacher Zahoor Ahmed Bhat and activist Khurshaid Ahmad Malik, contend that the Union government's inaction on restoring statehood, despite its earlier assurances, violates the basic principle of federalism enshrined in the Indian Constitution.
They argue that the delay in restoring statehood undermines the fundamental structure of the Indian federal system. The application further emphasizes that the recent peaceful conduct of Assembly elections in J&K demonstrates the absence of any impediments to restoring statehood, whether due to security concerns, violence, or other disturbances. The applicants' arguments highlight the delicate balance between national security and the constitutional rights of the people of J&K, a balance that has been intensely debated in the aftermath of the 2019 abrogation of Article 370.
The application filed through Advocate on Record Soyaib Qureshi has been listed before the Supreme Court for consideration. The outcome of this legal challenge will have significant implications for the future of J&K and the ongoing debate regarding the nature of its governance. The Supreme Court's response to this application, and its subsequent rulings, will play a crucial role in shaping the legal and political landscape of the region and its relationship with the Indian Union.
Source: Application Seeking Statehood For Jammu & Kashmir Mentioned In Supreme Court For Listing