| 29 August 2023
In a significant legal development, the Supreme Court of India has demanded a clear timeframe and a detailed roadmap from the Central Government regarding the restoration of statehood to the erstwhile state of Jammu and Kashmir, which was bifurcated into two Union Territories (UTs) in 2019. The move comes as part of the ongoing hearings on a series of petitions challenging the revocation of Article 370, which granted special powers to the region.
A bench led by Chief Justice of India (CJI) DY Chandrachud is presiding over the proceedings. The hearings have garnered immense attention due to their potential to reshape the political and administrative landscape of the region. The statehood restoration issue has taken center stage as the court seeks clarity on the government's intentions and plans.
During the proceedings, Solicitor General Tushar Mehta, representing the Central Government, emphasized that the decision to bifurcate Jammu and Kashmir into the Union Territories of Jammu and Kashmir and Ladakh was intended as a temporary measure. Mehta asserted that while Jammu and Kashmir would eventually regain its statehood status, Ladakh would continue to function as a Union Territory.
The court, however, raised pertinent questions about the timeline and execution of this transition. The bench, inquiring about the feasibility and duration of the temporary status, pressed the government to provide a comprehensive roadmap detailing the steps that would lead to the reinstatement of statehood. The judges emphasized the importance of democratic governance and urged the government to outline its plans to ensure the return of democratic processes in the region.
Solicitor General Mehta responded by highlighting the District Development Council (DDC) elections held in Jammu and Kashmir in 2020, marking the first electoral exercise following the abrogation of Article 370. He juxtaposed the situation before and after the revocation, illustrating the improved peace and stability in the region post-reorganization.
Mehta underscored that the state reorganization blueprint aims to integrate the region's youth into the mainstream and ensure the effective functioning of the government. He pointed out that the pre-reorganization era was marred by frequent hartals and security issues, leading to disruptions in normal life, including the closure of banks and educational institutions.
The Supreme Court's involvement in this matter signifies its keen interest in overseeing a seamless transition from Union Territory status to full-fledged statehood for Jammu and Kashmir. The demand for a clear roadmap reflects the court's commitment to upholding the principles of transparency, democratic governance, and citizens' rights.
As the proceedings continue, the nation watches intently, waiting for the government to present a comprehensive plan that addresses the concerns raised by the bench. The outcome of this legal battle has the potential to shape the future trajectory of Jammu and Kashmir, redefining its political identity and administrative structure.
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