Logo
Court Book - India Code App - Play Store

advertisement

Article 370 Fallout: SC to Hear Plea on Restoring J&K Statehood

Vivek G.

Supreme Court to hear plea on August 8 seeking restoration of statehood to Jammu and Kashmir, filed by Zahoor Bhat and Khurshid Malik. Petition argues violation of federalism post Article 370 abrogation.

Article 370 Fallout: SC to Hear Plea on Restoring J&K Statehood

The Supreme Court of India will hear a significant plea on August 8, 2025, seeking the restoration of full statehood to the Union Territory of Jammu and Kashmir. The matter was officially mentioned today by Senior Advocate Gopal Sankaranarayanan before a Bench headed by Chief Justice of India (CJI) BR Gavai.

हिंदी में पढ़ें

"The date shows as August 8. Let it not be deleted," submitted Advocate Sankaranarayanan.

The Bench took note of the request and confirmed that the plea will not be removed from the day's cause list.

Read also: Justice Harpreet Singh Brar Allows Bail in GST Fake Firm Case Involving ₹107 Cr Tax Credit

Background of the Plea

The petition has been filed by Zahoor Ahmed Bhat, a college teacher, and Khurshid Ahmad Malik, a social activist. The petitioners argue that the failure to restore statehood to Jammu and Kashmir is violating the rights of its citizens.

The application was originally filed during the 2024 Assembly elections held in Jammu and Kashmir. The petition claims that re-establishing a Legislative Assembly before restoring full statehood violates the federal structure of the Indian Constitution.

"Forming a Legislative Assembly before restoring statehood would breach the principle of federalism," the plea highlights.

Read also: High Court Dismisses Criminal Revision in Railway Protection Force Case

Currently, a government formed by the National Conference, supported by the Congress and some independent MLAs, is in power in the region.

The demand for restoring statehood comes in the context of the bifurcation of the erstwhile state of Jammu and Kashmir after the abrogation of Article 370 in August 2019. This constitutional change stripped J&K of its special status and divided it into two Union Territories—Jammu & Kashmir and Ladakh.

In December 2023, a Constitution Bench of the Supreme Court upheld the validity of the abrogation of Article 370. The review petitions challenging this verdict were dismissed in May 2024.

However, the Constitution Bench did not decide on the validity of the Jammu and Kashmir Reorganisation Act, 2019, which led to the bifurcation.

Read also: SC Denies Plea Against Raj Thackeray, Asks Petitioner to Approach Bombay HC

During the previous hearings, Solicitor General Tushar Mehta, appearing for the Centre, assured the Court that:

“The Union Territory status of Jammu and Kashmir is temporary. Full statehood will be restored.”

This assurance has been recorded in the Court’s official proceedings, adding weight to the ongoing demands for restoring J&K's previous constitutional position.

Case Title: Zahoor Ahmed Bhat & Anr. vs Union of India & Ors.

Next Hearing: August 8, 2025

Petitioners: Zahoor Ahmed Bhat (teacher), Khurshid Ahmad Malik (activist)