Can't Say Exactly When Jammu & Kashmir's Statehood Will Be Restored; Ready For Elections : Centre Tells Supreme Court [Day 13]

The Central Government on Thursday told the Supreme Court that it cannot give an exact timeline for restoring statehood to Jammu and Kashmir. At the same time, it clarified that the Union Territory status of J&K will be temporary.

"I am unable to give an exact time period for complete statehood, while saying UT status is a temporary status", Solicitor General of India Tushar Mehta told a Constitution Bench which is hearing a batch of petitions challenging the repeal of J&K's special status and its downgrading as a Union Territory. On the previous day of hearing, the bench led by Chief Justice of India DY Chandrachud had asked the Centre to give a definite timeline for statehood and elections in the region, observing that "restoration of democracy is important".

SG said that the initiatives taken by the Centre to restore stability in the region are progressing and full Statehood is a question to be decided based on the degree of normalcy.

Ready for elections

As regards elections, the SG said that the "Central Government is ready for elections any time now". "Till date, the updating of voters list was going on, which is substantially over. Some part is remaining, that the Election Commission is doing", he added. Regarding the time for elections, SG said that the State Election Commission and the Election Commission of India will take a call together. The SG explained that three-tier elections are to be held. Panchayat, Municipality and Legislative Assembly elections are due. He informed that the Hill Development Council elections in Leh are over and Kargil are due to take place this month.

Roadmap to Statehood is ready; but more stability needed, SG says.

SG explained that various steps have been taken by the Union Government to make the region stable. He added that compared to the pre-2019 situation, terrorist induced incidents have reduced by 42.5%. Infiltration reduced by 90.20%. Law and order situations, stone pelting etc., have reduced by 92%. Security persons casualties have reduced by 69.5%.

He further said that the Centre has taken various steps to boost investments in the area and several projects have come up, resulting in the youth, who used to get misled by secessionist forces, becoming gainfully employed.

"What affected the elections most were stone-pelting incidents and regular calls for bandhs/hartal. In 2018, the stone pelting was 1761. Now it is NIL. Not just because of police and security steps, but by other steps such as gainfully employing youth who used to be misled by secessionist forces. Organised bandhs by secessionist groups in 2018 was 52. Now it is NIL", SG said.

He further added that in 2022, 1.8 crores tourists visited. In 2023, 1 crore tourists have visited.

With the above statements, the SG explained that the process of making the region stable is a work in progress and the Governance by the Centre as a UT was essential to make these initiatives successful. "These are the steps taken by union government and these steps can be taken only if it is a union territory", he said.  However, this is a temporary status and full statehood will be restored when the region becomes totally stable and ready.

Petitioners dispute facts regarding normalcy

Senior Advocate Kapil Sibal, for the petitioners, disputed the statements of the SG, and submitted that a picture of normalcy is sought to be created using coercive steps such as house arrest and internet shutdowns. "If you have 5000 people under house arrest and 144 throughout the state, there can be no bandh! My request is please don't enter into arena because we would have to counter it with all kinds of facts", he said.

"On the lighter side, my learned friend says that there are some people under house arrest and therefore there is no bandh. That means the right people are under house arrest", SG replied.

"5000 people! Let's not make a mockery of democracy. 5000 people were under house arrest at that time, 144 through state. This court in a judgement has recognised that...internet was shutdown and then they're saying there were no bandhs. How can there be bandhs when people can't even go to hospitals?", Sibal retorted.

Facts regarding post-2019 situation have no bearing on the Constitutional issue, CJI clarifies

CJI clarified that the bench will not take into account these facts regarding post 2019 situation to decide the Constitutional questions. He pointed that the bench had made this aspect clear at the beginning itself, when it had refused to take on record the additional affidavit filed by the Centre regarding the post-2019 situation in J&K.

"To be fair to the SG, what he was saying is that the roadmap to full statehood would take time but right now development work is taking place, some stability has to come, this is not permanent.These are matters where there can be and should be policy deferences but that can't affect the constitutional arguments. We place these facts in the perspective of the roadmap to statehood. This isn't a justification and cannot be to constitutional challenge", CJI said.

During the last hearings, the Supreme Court had asked the Union Government to provide a time-frame or roadmap for the restoration of statehood of Jammu and Kashmir (J&K). The bench, comprising Chief Justice of India DY Chandrachud and Justices SK Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant had emphasized that while national security concerns were understood, the restoration of democracy in the region was equally vital. "Equally, restoration of democracy is important," CJI had asserted.