Supreme Court Declines to Rule on J&K Bifurcation Validity: Statehood to be Restored

The Supreme Court has refrained from determining the validity of the 2019 law bifurcating Jammu & Kashmir (J&K) into two Union Territories (UT) in light of the Central government's assurance that statehood will be reinstated. Chief Justice of India (CJI) DY Chandrachud and the Constitution Bench found it unnecessary to decide on the permissibility of reorganizing the erstwhile State into UTs. Solicitor General Tushar Mehta's statement that J&K's UT status is temporary and statehood will be restored led to this decision.

"In view of the submission made by the Solicitor General that statehood of Jammu & Kashmir would be restored, we do not find it necessary to determine whether the reorganization... is permissible under Article 3 [of Constitution of India]," the court stated. The judgment upheld the 2019 decision to abrogate Article 370, challenged in petitions.

Justice Chandrachud maintained Ladakh's UT status, citing Article 3, which permits forming a UT by separating a territory. However, the court left open the question of whether parliament can "extinguish" statehood by converting a state into UTs, considering its impact on federalism and democracy.

The Court acknowledged the absence of an elected government in J&K, directing the Election Commission to conduct legislative assembly elections by September 30, 2024. It emphasized the swift restoration of statehood.**

Author: Anushka Taraniya

News Writer, MIT ADT University