Jammu, Oct 10: The debate over Jammu and Kashmir’s statehood returned to the Supreme Court on Friday, with the Centre informing the apex court that consultations are underway with the J&K administration regarding its restoration. The statement came as the Supreme Court granted the central government four weeks to file its response to the pending plea on the issue.
A bench led by Chief Justice of India BR Gavai passed the interim order after Solicitor General Tushar Mehta told the court that the “Centre and the J&K government are in consultation on the matter,” calling it the most appropriate approach at this stage. He, however, cited incidents such as the recent Pahalgam terror attack as factors that must also be taken into account before restoring statehood.
Senior advocate Gopal Sankaranarayanan, appearing for the petitioners, countered the argument, saying the Pahalgam attack occurred “under the watch of the central government.” The petitioners reminded the court that the Centre had earlier assured the restoration of statehood and questioned what recourse would be available “if that undertaking is not honoured.”
Another senior advocate drew attention to India’s federal structure, warning that allowing the Centre to convert a state into a Union Territory could set a dangerous precedent. “Tomorrow, they can convert Uttar Pradesh into a UT since it shares a border with Nepal or Tamil Nadu into a UT,” the advocate argued.
The petitioners have sought immediate implementation of the Supreme Court’s December 2023 Constitutional Bench directive, which upheld the abrogation of Article 370 but also directed the Centre to restore J&K’s statehood “at the earliest.” The government had then assured the court that Jammu and Kashmir’s Union Territory status was temporary and that statehood would soon be reinstated.
On August 14, the Supreme Court had granted the Centre two months to file its response, but no reply had been submitted until now. The petitioners argue that the prolonged delay undermines India’s federal framework. “The non-restoration of the status of statehood of Jammu and Kashmir in a time-bound manner violates the idea of federalism, which forms a part of the basic structure of the Constitution of India,” the plea states.
The court will now take up the matter after four weeks, when the Centre is expected to file its formal response on the timeline and roadmap for restoring Jammu and Kashmir’s statehood.
The demand for the restoration of statehood has gained renewed political momentum in recent months, with several regional parties, including the National Conference and the Peoples Democratic Party, pressing for an early decision. Both parties have accused the Centre of delaying the process despite repeated assurances in Parliament and the Supreme Court.
Political analysts say the restoration of statehood would not only restore democratic balance in the Union Territory but also pave the way for stronger administrative autonomy and renewed public confidence in governance. The move is expected to have major political implications, especially with the possibility of Assembly elections being held thereafter.
Meanwhile, civil society groups and trade associations in Jammu and Kashmir have also voiced concerns that the prolonged delay is affecting investor confidence, bureaucratic efficiency, and local governance. Many believe that an early restoration of statehood would mark a crucial step in rebuilding trust between the people and the government after years of political and constitutional transition.
