Petitioners argue that the Centre has failed to honour its assurance to restore J&K statehood nearly a year after the Article 370 ruling.
BY PC Bureau
New Delhi, August 13, 2025: — The Supreme Court will tomorrow (August 14) take up the issue of restoring statehood to Jammu and Kashmir, nearly a year after it upheld the abrogation of Article 370. The matter has been listed before a bench comprising Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran.
The application, filed as a Miscellaneous Application in the disposed case In Re: Article 370 of the Constitution, seeks directions to the Union Government to reinstate Jammu and Kashmir’s statehood. While the Court’s December 2023 judgment upheld the removal of J&K’s special status, it did not examine the constitutionality of the Jammu and Kashmir Reorganisation Act, 2019 — the law that split the former state into two Union Territories — because the Solicitor General had assured that statehood would be restored.
READ: BJP Accuses Sonia Gandhi of Pre-Citizenship Voter Entry
The five-judge bench at the time merely recorded that, “Restoration of statehood shall take place at the earliest and as soon as possible”, but set no specific deadline.
Applicants Cite Federalism Violation
College teacher Zahoor Ahmed Bhat and activist Khurshaid Ahmad Malik, represented by AoR Soayib Qureshi, argue that the Centre has taken no concrete steps in the eleven months since the judgment to honour its assurance. They contend that the continuing delay violates the basic feature of federalism enshrined in the Constitution.
READ: Foothill Naga Group Vows to Raze German-Tiger Road Structures
“The non-restoration of the status of statehood of Jammu and Kashmir in a time-bound manner violates the idea of federalism, which forms part of the basic structure of the Constitution of India,” the application states.
NThe petitioners note that peaceful Assembly elections have already been conducted in the region, demonstrating there are no security, violence, or law-and-order issues that would impede the restoration process.
They urge the Court to issue binding directions to the Union Government to fulfil its commitment without further delay.
