In a significant development, the Centre on Tuesday said Jammu and Kashmir would not remain as a Union Territory (UT) forever, and its conversion to a Union Territory was not a “permanent feature”. Ladakh would continue to remain as a Union Territory, said Solicitor General Tushar Mehta.
“…UT is not a permanent feature, and I will make a positive statement the day after tomorrow (on Thursday). Ladakh would remain a UT...,” Mehta told the five-judge Constitution Bench. The law officer’s submission came on the top court’s query on the Centre’s roadmap or time frame to restore statehood to the erstwhile state.
The Supreme Court is hearing pleas against the August 2019 abrogation of Article 370 which granted special status to J&K, and the bifurcation of the erstwhile state in two union territories. On Day 12 of the Constitution Bench hearing, the top court said “restoration of democracy is a vital component of our nation” while asking the Centre to submit a roadmap for when J&K would be reinstated as a state again.
“We need a statement from the Centre on this…if there is a time frame in view?... Please tell us what is the roadmap for this,” Chief Justice of India DY Chandrachud said.
The top court’s observation comes even as the marathon constitution bench hearing is almost at an end. During the day-long hearing, the top court also wondered whether the Parliament was empowered to convert a state into a union territory.
Ex-Chief Minister Omar Abdullah tweeted that Mehta’s submission in court was simply a “diversion” from the issue at hand. “The SG is a very competent & clever litigator. He’s trying to divert the focus of the arguments to the Centre’s view of “normalcy”. This is a trap best avoided. The Hon SC has not been petitioned to rule on the security situation or normalcy in J&K. The simple question for the Hon CJ & other judges on the bench is to decide whether the changes forced on J&K in 2019 were legal & constitutional or not. Everything else is a diversion,” Abdullah tweeted.
“Despite GOI's tall claims, SGs statement before the SC today vindicates our stand that the situation is far from normal in J&K. Even to achieve this abnormal normalcy, J&K has been turned into an open-air prison. Tushar Mehta’s now invoking our argument only as an excuse to defend GOIs constitutional hara-kiri,” ex-CM Mehbooba Mufti said on the social media platform X.
However, Mehta’s statement before the Supreme Court is a reiteration of the Centre’s position on this matter. “Jahan Tak UT ka sawal hai, paristhiti saamanya hote hi, uchit samay par purna rajya ka darja dene mein iss sarkar ko koi aapatti nahi (as far as UT is concerned, once the situation in J&K is normal, this government has no problem granting statehood to J&K),” Shah told the Parliament in 2019 during the debates before passing the reorganization bill.
Earlier this year in January, Union Home Minister Amit Shah gave assurance that statehood would be restored to Jammu and Kashmir once the situation there normalizes.
As for a timeline, Shah had said that the process to restore statehood would begin after assembly elections. “Delimitation has started and elections will soon be held,” Shah had said on a trip to Kashmir. “I’ve given assurance in Parliament that as soon as the situation becomes normal in Jammu and Kashmir, statehood will be given back…,” the home minister had said.
“No matter what the political parties say, Jammu and Kashmir will get full statehood,” Shah had said.
