The top court had earlier upheld the abrogation of Article 370 but directed the central government to restore statehood to Jammu and Kashmir “at the earliest, as soon as possible.”
Published: October 10, 2025 | Updated: October 10, 2025 | 10:49 AM IST
Srinagar:
The Supreme Court will hear a petition today that seeks the immediate restoration of statehood to Jammu and Kashmir (J&K), in line with directions passed by a constitutional bench in December 2023. The bench, headed by Chief Justice of India BR Gavai, is expected to hear the case this morning.
In August, the Supreme Court gave the Centre a two-month deadline to file its response, but so far, no response has been submitted.
In its December 2023 ruling, a five-judge Constitution Bench upheld the abrogation of Article 370, which granted special status to J&K, but also directed the central government to restore the region’s statehood “at the earliest, as soon as possible.” The government had assured the court that J&K’s status as a Union Territory was temporary, with plans for statehood restoration.
Following this assurance, the court indicated it would not decide on the constitutionality of transforming a state into a Union Territory under Article 3 of the Constitution. The bench stated, “In view of the Solicitor General’s submission that statehood will be restored for Jammu and Kashmir, we do not find it necessary to determine whether the reorganization of J&K into two Union Territories, Jammu & Kashmir and Ladakh, is permissible under Article 3.”
The current petition argues that the delay in restoring J&K’s statehood is a violation of India’s federal structure.
Jammu and Kashmir lost its statehood and special status under Article 370 in August 2019. Since then, the central government has repeatedly assured that statehood will be restored “at an appropriate time.”
In recent developments, former Chief Minister Omar Abdullah wrote to political leaders across all parties, including the BJP and Congress, urging them to introduce a bill in Parliament to restore J&K’s statehood. He emphasized that this was not a favor but an essential course correction, warning that downgrading states into Union Territories could have unsettling consequences for the country.
“The restoration must not be viewed as a concession but as an essential course correction—one that prevents us from sliding down a dangerous and slippery slope where the statehood of our constituent states is no longer regarded as a foundational and sacred constitutional right but reduced instead to a discretionary favor bestowed at the will of the central government,” Abdullah said.
This report has been updated with additional information from NDTV.
