Top Court Links Statehood Restoration Debate to Security Concerns, Responds to Petition on December 2023 Order.
The Supreme Court of India on Thursday stated that demands for the restoration of Jammu and Kashmir’s statehood cannot overlook the Pahalgam terror attack and its security implications. The remarks came during a hearing on a petition seeking the immediate implementation of the court’s December 2023 order, which called for restoring statehood “at the earliest opportunity” after Assembly elections.
Supreme Court’s Observation
- The bench, led by Chief Justice BR Gavai, made the statement while hearing a petition pressing for the restoration of statehood within two months.
- The petitioner argued that the delay in following the 2023 verdict amounts to a violation of India’s federal structure.
- The court highlighted the need to consider recent security developments in the region before any political decision.
Background: From State to Union Territory
- August 2019: Jammu and Kashmir was bifurcated into the Union Territories of J&K and Ladakh.
- This followed the abrogation of Article 370, which had granted J&K special status.
- The government has since maintained that statehood will be restored “at an appropriate time,” without giving a specific timeline.
- In 2023, the Election Commission was directed to conduct the first Assembly election since 2014, with J&K under President’s Rule since then.
Omar Abdullah’s Appeal
Former Chief Minister Omar Abdullah has renewed calls for restoring statehood:
- Recently wrote to leaders of all political parties, urging them to introduce a bill in Parliament.
- Stressed that restoring statehood is not a political favour, but a constitutional course correction.
- Warned against the precedent of downgrading a state into a Union Territory, calling it a dangerous slope.
Key Quote from Omar Abdullah
“The restoration must not be viewed as a concession, but as an essential course correction — one that prevents us from sliding down a dangerous slope where statehood is reduced to a favour bestowed at the will of the Central Government.”
The Supreme Court’s latest observation indicates that security issues like the Pahalgam attack will play a role in shaping the statehood debate. The matter now hinges on balancing constitutional rights, federal principles, and regional security before any final decision is made.
