Supreme Court Hears Pleas For Restoration of Jammu & Kashmir’s Statehood, Constitutional and Democratic Debate Intensifies

The Supreme Court of India recently heard a cluster of petitions and applications seeking the restoration of full statehood to Jammu & Kashmir, following its reorganization into a Union Territory after the abrogation of Article 370 in August 2019.

The current batch of petitions stems from widespread regional and national concern over the constitutional ramifications and disruptions in governance caused by the loss of statehood in J&K. The petitioners, which include regional leaders, political activists, and prominent citizens, argue that continued Union Territory status undermines constitutional guarantees and the basic structure doctrine, including federalism, representative democracy, and judicial independence.

Petitioners have urged the Court to direct the Union Government to reinstate Jammu & Kashmir’s status as a full-fledged state, undoing its downgraded status as a Union Territory. The pleas also demand the initiation of the political and legislative process required to elect a new state legislative assembly, and the resumption of state-level administrative functions in keeping with constitutional norms.

They have posed questions to the legal and constitutional validity of the Jammu & Kashmir Reorganization Act, 2019, contending that it was enacted without adequate democratic consultation or regional consensus. The applications also emphasize the need for restoration of political representation, socioeconomic development, and preservation of local identity, all said to be at risk under prolonged central rule.

Several pleas also highlight the Government’s assurance before the Supreme Court during the In Re Article 370 proceedings that statehood would be restored “at an appropriate time,” urging the Court to fix a timeline or direct concrete action toward this end.

The pleas also refer to widespread public campaigns, including signature drives led by former Chief Minister Omar Abdullah, and growing regional discontent as indicators that restoration of statehood is both urgently needed and widely supported.

The Bench comprising Chief Justice BR Gavai and Justice K Vinod Chandran has actively sought responses from the Union Government, affording eight weeks’ time for detailed affidavits and arguments. The Solicitor General appearing for the Centre has acknowledged the issue’s gravity without committing to a definite timeline for restoration.

The Court has consolidated all related matters, and scheduled the batch for further hearing on 10 October 2025.

Appearances:

For Petitioner(s): Mr. Gopal Sankarnarayan, Sr. Adv.;,Mr. Soayib Qureshi, AOR, Ms. Aanchal Khushwaha, Adv., Mr. Vishal Sinha, Adv., Mr. Nikhil Sabri, Adv., Mr. Aman Wani, Adv.

Dr. Menaka Guruswamy, Sr. Adv., Mr. Tushar Jain, AOR, Mr. Vaibhav Choudhary, Adv., Ms. Kanika Gupta, Adv., Mr. Lavkesh Bhambhani, Adv., Ms. Bhumika Yadav, Adv., Ms. Shaswati Parhi, Adv., Ms. Arunima Das, Adv., Ms. Kashish Jain, Adv.

Mr. Dinesh Dwivedi, Sr.Adv., Mr. K.K. Mohan, Adv.

For Respondent(s): Mr. Tushar Mehta, S.G.