Supreme Court Seeks Timeframe From Centre To Restore Jammu And Kashmir’s Statehood Status

The Centre told Supreme Court that the statehood status for Jammu and Kashmir will be restored once the situation is "normal" in the state.

New Delhi: The Supreme Court on Tuesday sought a “timeframe” from the government to restore the statehood status of Jammu and Kashmir. The Centre told Supreme Court that the statehood status for Jammu and Kashmir will be restored once the situation is “normal” in the state.

“A statement (on restoration of statehood for J&K) has been made on the floor of Parliament. Efforts are being made once situation returns to normal,” Solicitor General Tushar Mehta, who was representating Centre, said.

On Monday, the Supreme Court prima facie agreed with the Centre’s submission on pleas challenging the abrogation of Article 370 that the Constitution of Jammu and Kashmir is “subordinate” to the Indian Constitution, which is on a higher pedestal. A five-judge bench headed by Chief Justice DY Chandrachud, however, did not seem to be in agreement with the plea that the Constituent Assembly of the erstwhile state, which was disbanded in 1957, was in reality a legislative assembly.

Without naming the two mainstream political parties of the erstwhile state, the Centre said citizens have been misguided that the special provisions for Jammu and Kashmir were “not discrimination but a privilege”.

“Even today two political parties are before this court defending Article 370 and 35A,” the solicitor general told the top court on the 11th day of hearing the litany of pleas challenging the abrogation of the constitutional provision which bestowed special status to the erstwhile state of J-K.

Solicitor General Tushar Mehta, appearing for the Centre, said there is enough material to show that the Constitution of Jammu and Kashmir is subordinate to the Constitution of India and the constituent assembly of J-K was in reality a legislative assembly making laws.

“At one level, you may be right subject to rejoinder arguments from the other side (petitioners’ side) that the Constitution of India is really a document which lies on a higher platform than that of the Constitution of J-K,” the bench also comprising justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant said.