Supreme Court

The Supreme Court of India has granted the Central government six weeks to file its response to a petition seeking a clear timeline for restoring statehood to Jammu and Kashmir (J&K). The bench, headed by Chief Justice D.Y. Chandrachud, said the issue is of national and democratic importance and deserves a detailed explanation from the government.

What Is the Case About?

After the abrogation of Article 370 in August 2019, Jammu and Kashmir lost its special constitutional status and was reorganized into two Union Territories — J&K and Ladakh. At that time, the Central government had promised that statehood for J&K would be restored “at an appropriate time.”

Nearly six years later, J&K continues to be governed by a Lieutenant Governor, with no elected legislative assembly in place. This led several political leaders, citizens, and former bureaucrats to file a plea in the Supreme Court asking the Centre to announce a specific timeline for restoring statehood and holding elections.

Supreme Court’s Observation

The three-judge bench — CJI D.Y. Chandrachud, Justice Sanjiv Khanna, and Justice B.R. Gavai — heard the case and said that the Centre must file a written response within six weeks.

Chief Justice Chandrachud stated that while the Court cannot interfere with political decisions, it can seek accountability and transparency in matters of governance that directly affect citizens’ rights.

“The restoration of statehood and the holding of elections are part of the democratic process. The Centre must inform the people of its plan,” observed the CJI.

The bench fixed the next hearing for six weeks later, expecting a comprehensive affidavit from the Centre outlining progress and the future roadmap.

Centre’s Stand

Representing the government, Solicitor General Tushar Mehta reiterated that the Centre remains committed to restoring full statehood to J&K. He told the bench that security, peace, and development in the region have improved significantly since 2019.

“The situation has stabilized, and we are moving steadily toward complete normalization. The government only needs some more time to complete this process responsibly,” Mehta said.

He assured the Court that elections will be held once the situation is conducive and administrative preparations are complete.

Petitioners’ Argument

Senior advocate Kapil Sibal, representing the petitioners, said the people of J&K have been waiting for too long without an elected government. He argued that the delay is harming democracy, as the region has been under direct Central control for nearly six years.

“The government has made this promise in Parliament and in public. It is time to fix a clear deadline. People deserve representation and a government chosen by them,” Sibal said.

He added that continued uncertainty was creating a sense of alienation and political helplessness among the people of the region.

What About Elections in J&K?

The Election Commission of India (ECI) has completed the delimitation process — redrawing of constituency boundaries — which increased the number of assembly seats from 83 to 90 in J&K. However, no date has yet been announced for Assembly elections.

The ECI earlier said it is ready to conduct elections once the Centre gives clearance. Reports suggest that the Home Ministry wants to ensure full security and administrative readiness before recommending polls.

Political Reactions

The Supreme Court’s direction has sparked widespread reactions across political circles in Jammu and Kashmir.

• National Conference (NC) leader Omar Abdullah welcomed the Court’s step, saying it will “keep the government accountable.”
• PDP chief Mehbooba Mufti said the Centre’s delay in restoring democracy is “unjustified and undemocratic.”
• The BJP, however, defended the government’s cautious approach, saying peace and security come first. “The government is committed to statehood, but lasting peace is the top priority,” said a BJP spokesperson.

Why Statehood Matters

Statehood would mean that J&K once again has an elected Chief Minister and Assembly, giving residents the right to govern their local affairs.

Currently, the region is being run by a Lieutenant Governor appointed by the President of India. Critics argue that this reduces local participation in governance and centralizes power in New Delhi.

Restoring statehood would also strengthen India’s federal structure, rebuild public trust, and revive local democracy — something many feel is essential after years of political uncertainty.

The Situation on the Ground

Since 2019, the Centre has claimed that J&K has seen major development and security improvements:

• Terror incidents have dropped significantly, according to official data.
• Tourism has flourished, with record-breaking visitors in 2024.
• Major infrastructure projects — highways, tunnels, and industrial parks — are being completed.

However, local political parties and activists argue that political activity remains restricted, and the absence of an elected government limits public participation.

Six Weeks to Clarify the Road Ahead

With the Supreme Court granting six weeks, the focus now shifts to how the Centre will respond. The affidavit is expected to detail:

1. The government’s progress in improving the situation.
2. Plans for upcoming elections.
3. A possible timeline for the formal restoration of statehood.

Legal experts say that while the Supreme Court cannot force the government to declare a date, it can push for greater transparency and ensure that the democratic promise made to J&K citizens is not forgotten.