On Jammu and Kashmir and Statehood

Context: 

The Supreme Court Bench is hearing the challenge to the abrogation of J&K’s special status under Article 370 of the Constitution.

About the Matter:

• Removal of Article 370 & 35A: 
  • Article 35A of the Indian constitution, which gave some special privileges to the people of the state, was removed in 2019.
  • The Indian government revoked nearly all of Article 370, which 35A is part of.
• Status Changed: Four years after J&K ’s status was downgraded to that of a temporary  Union Territory.
• Reorganization of State: Alongside the President’s declaration of Article 370 as inoperative and the application of the whole of the Constitution to J&K, the State was reorganized into two Union Territories — Jammu and Kashmir, with a Legislative Assembly, and Ladakh, without an Assembly. 

Concerns:

• Delay in Restoration of Statehood: The central concern is the delay in restoring statehood to Jammu and Kashmir, four years after its special status was revoked and it was reorganized into Union Territories. 
  • The government has not committed to a specific timeline for this restoration.
• Rationale for Delay: The question arises whether the prolonged period of disturbance in the region can still be cited as a valid reason for the delay in restoring statehood, especially given the government’s claim that the situation has improved substantially.
• Constitutional and Legal Challenge: The ongoing legal challenge in the Supreme Court regarding the abrogation of Article 370 and the reorganization of Jammu and Kashmir emphasizes that the focus of the court’s proceedings should be on constitutional and historical issues rather than developments on the ground since August 2019.

Conclusion:

It’s time for the restoration of popular government as well as Statehood in J&K, elections should be held at earliest and Election Commission of India and the State’s Election Commission will have to take a call soon to conduct elections.

News Source: The Hindu