Jammu & Kashmir Statehood Case: Supreme Court Focuses on Ground Realities, Center Cites Special Circumstances

The Supreme Court has postponed the hearing on restoration of statehood to Jammu and Kashmir by eight weeks, emphasizing that any decision must take into account the current ground situation in the region, especially incidents like the recent terrorist attack in Pahalgam. Chief Justice BR Gavai, leading the bench, highlighted that such events cannot be ignored while considering the matter, signaling the court's caution amid ongoing security concerns.

Solicitor General Tushar Mehta, representing the central government, told the court that, although steps are being taken to restore statehood, the region is subject to "peculiar circumstances" that require careful consideration. He requested—and was granted—an eight-week period to file a detailed affidavit explaining the government’s position and timeline.

The petitioners, including college professor Zahoor Ahmed Bhat and activist Khurshid Ahmed Malik, argued that the continued delay in restoring statehood adversely affects the fundamental rights of citizens. They pointed out that when the Supreme Court upheld the abrogation of Article 370 on December 11, 2023, it directed the central government to restore statehood "at the earliest," after conducting assembly elections (which the Center had assured would happen by September 2024).

Meanwhile, Jammu and Kashmir’s Chief Minister Omar Abdullah has stepped up political pressure, writing to leaders of all major national parties and urging them to introduce a bill in the current Parliament session to restore J&K’s statehood. Abdullah’s letter stresses that restoring statehood is not a concession or a favor, but a necessary correction to uphold constitutional principles, warning that downgrading states to Union Territories sets a dangerous precedent for Indian democracy.

Key Points:

• The Supreme Court wants "ground realities"—including recent violence—factored into any decision on statehood.

• The Center admits "special circumstances" in J&K, requests more time, but reiterates that statehood will be restored.

• Petitioners insist delay violates citizens’ rights and federalism, urging the court to press for a concrete timeline.

• CM Omar Abdullah’s campaign frames statehood as a constitutional right, not a political favor, and calls for immediate parliamentary action.

As it stands, the matter has again been deferred for eight weeks. The next step depends on the government's affidavit and the evolving ground situation, as the court balances constitutional assurance with current security challenges in Jammu and Kashmir.