SC Shifts from ‘As Soon As Possible’ to Security-First Approach on J&K Statehood; Gives Centre 8-Week Period to File Response

Alfaaz – The Words Desk

Srinagar: Nearly one and a half years after declaring that Jammu and Kashmir’s statehood should be restored “at the earliest and as soon as possible,” the Supreme Court has shifted to a firmer, security-first position, insisting that the “ground situation” must be assessed before any restoration takes place.

On Thursday, a Bench led by Chief Justice B R Gavai and Justice K Vinod Chandran referred to “incidents like Pahalgam” as justification for caution and directed the Union Government to file its response within eight weeks to a petition seeking restoration within a fixed timeframe.

The new adopted stance marks a clear departure from the Court’s December 11, 2023, Constitution Bench judgment on the abrogation of Article 370, where it had recorded Solicitor General Tushar Mehta’s assurance that Jammu and Kashmir, excluding Ladakh, would have its statehood restored “at the earliest and as soon as possible.” At the time, the Bench treated Union Territory status as a temporary measure, making the government’s commitment central to its reasoning.

The current petition, filed in 2024 by academician Zahoor Ahmad Bhat and socio-political activist Khursheed Ahmad Malik, argues that keeping J&K as a Union Territory for nearly five years has weakened its democratic institutions, hindered development, and infringed constitutional rights. It also accuses the Centre of disregarding the Court’s earlier position.

Appearing for the Union, SG Mehta said “steps are being taken” but stressed “peculiar situations” in the region, pointing out that assembly elections had already been held as promised before the Constitution Bench. “This is not the time for petitioners to muddy the waters,” he told the court.

By moving from a time-bound expectation of restoration to a condition-based, security-centric approach, the Court’s latest stance places it in closer alignment with the executive’s cautious handling of the issue, a shift that may extend the wait for the political restoration long sought by J&K’s political leadership and civil society.

The matter will be taken up again once the Centre files its affidavit within the stipulated eight-week period.