Solicitor General agreed to make a positive statement on the restoration of Jammu and Kashmir’s statehood on August 31; Centre said the Union Territory status of Jammu and Kashmir is not a permanent feature but Ladakh will remain a Union Territory
August 31, 2023 10:17 am | Updated 10:18 am IST
Solicitor General Tushar Mehta on August 29 apprised the Supreme Court that the Union government will restore the statehood of Jammu and Kashmir (J&K) however Ladakh will continue to remain a Union Territory.
Such an assurance was given after Chief Justice of India (CJI) D.Y. Chandrachud asked the Solicitor General to take instructions from the Union government on whether there is a definite timeline for the restoration of Jammu and Kashmir’s statehood while underscoring that the restoration of democracy is vital.
“We will make a positive statement the day after tomorrow (August 31) on Jammu and Kashmir. Ladakh will, however, remain a Union Territory,” Solicitor General Tushar Mehta informed the court in the post-lunch session of the hearing. He said elections in Ladakh would be over in September 2023.
Notably, CJI Chandrachud pointed out that the wide chasm between the absolute autonomy of J&K as it existed on January 26, 1950, and its complete integration as brought about on August 5, 2019, had been substantially bridged in the interim period.
‘..It is obvious that a substantial degree of integration had already taken place between 1950 to 2019– in 69 years. And therefore what was done in 2019, was it really a logical step forward to achieve that integration?’, the CJI asked.
Also Read | Explained | What is the debate around Article 370?
On August 5, 2019, the Centre decided to strip the erstwhile State of Jammu and Kashmir of special status and bifurcate it into two Union Territories. By abrogating Article 370, the Central Government revoked the special status of Jammu and Kashmir. Several petitions challenging the abrogation of the provisions of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, were referred to a Constitution Bench in 2019.
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August 31, 2023 10:17
The Bench will continue to hear arguments advanced by the Centre today
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August 31, 2023 10:16
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August 31, 2023 10:15
When will J&K Statehood be restored, Supreme Court asks Union government
Chief Justice of India D.Y. Chandrachud on Tuesday gave the Centre leeway to claim it had converted Jammu and Kashmir into a Union Territory for a “stipulated period” in order to protect national security, but pushed the government to commit to a time frame by which it would be restored to a full-fledged State.
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August 31, 2023 10:08
CJI asks if President could override recommendation on Article 370 abrogation
Chief Justice of India D.Y. Chandrachud asked the Centre whether the Constituent Assembly of Jammu and Kashmir could have ever stopped the President of India from abrogating Article 370.
“If the Constituent Assembly of Jammu and Kashmir had recommended to the President not to abrogate Article 370, was it open for the President to override the advice?” Chief Justice Chandrachud, heading a Constitution Bench, asked Attorney-General R. Venkataramani on Tuesday.