A bench of the Supreme Court, headed by Chief Justice B. R. Gavai, has pressed the central government to respond within eight weeks to petitions demanding the restoration of full statehood for Jammu and Kashmir, underlining that “incidents like Pahalgam” and wider security realities must inform any decision on the matter.
Petitioners Zahoor Ahmad Bhat, an academic, and Khurshaid Ahmad Malik, a socio-political activist, have challenged the continued Union Territory status of the region, arguing that it undermines citizens’ democratic rights and contravenes the federal structure envisaged by the Constitution.
The court drew attention to a previous directive issued in December 2023, when a five-judge Constitution Bench upheld the abrogation of Article 370 but instructed that assembly elections be held and statehood restored “at the earliest”. While recognising the government’s past assurance of reinstatement, the court noted that no timeline had been offered, despite elections taking place in 2024.
At the hearing, senior advocate Gopal Sankaranarayanan, representing the petitioners, secured the court’s agreement to retain the case on the causelist for detailed examination.
The bench emphasised that any move to restore statehood must be balanced with the “ground situation” in Jammu and Kashmir. It specifically referred to security incidents such as the Pahalgam attack—which resulted in multiple civilian casualties earlier this year—to argue that these events “cannot be ignored” in shaping policy.
By seeking a government reply, the court has signalled its intent to evaluate both constitutional imperatives and evolving security dynamics before proceeding further.
The petitions allege that governing Jammu and Kashmir as a Union Territory for nearly six years after the abrogation of Article 370 has stifled development and diluted the region’s federal representation. The plea also asserts that conducting assembly elections without restoring full statehood undermines the democratic mandate.
Supreme Court Reassigns Stray Dog Case to Larger Bench 