In a significant development, Solicitor General Tushar Mehta informed the Supreme Court on Tuesday about the Union government’s intentions to reinstate the statehood of Jammu and Kashmir (J&K). This announcement, however, comes with the distinction that Ladakh will continue to function as a Union Territory.
During the ongoing hearing, Mehta stated, “I have taken instructions. The instructions are that Union Territory is not a permanent feature. But I will make a positive statement the day after tomorrow. Ladakh will remain a Union Territory.” The assurance to retain Ladakh as a Union Territory was provided following an inquiry by Chief Justice of India (CJI) D.Y. Chandrachud. CJI Chandrachud sought clarity on whether the Union government has established a definitive timeline for the restoration of Jammu and Kashmir’s statehood, underscoring the significance of reestablishing democracy in the region.
CJI Chandrachud expressed, “We understand that these are matters of national security…the preservation of the nation itself is the overriding concern. But without putting you in a bind, you and the Attorney General may seek instructions on the highest level – is there a time frame in view?
The bench had previously directed Attorney General R. Venkataramani to investigate the suspension of Zahoor Ahmad Bhat, a senior lecturer in political science. Bhat’s suspension occurred four days after he argued against the Centre’s decision to revoke Article 370 before the apex court. Justice B. R. Gavai further questioned the Centre regarding the temporal proximity between Bhat’s court appearance and the suspension order.
Notably, on August 5, 2019, the Central Government made the pivotal choice to remove the special status of the former Jammu and Kashmir state and divide it into two Union Territories. This action involved the abrogation of Article 370, which granted special autonomy to Jammu and Kashmir. In response, numerous petitions challenging the removal of Article 370’s provisions and the Jammu and Kashmir Reorganisation Act of 2019 were referred to a Constitution Bench in 2019.
