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Lawyer's Arc > SUPREME COURT TO HEAR PLEA ON AUGUST 8 SEEKING RESTORATION OF JAMMU AND KASHMIR’S STATEHOOD

SUPREME COURT TO HEAR PLEA ON AUGUST 8 SEEKING RESTORATION OF JAMMU AND KASHMIR’S STATEHOOD

Aaryansh Agrawal
Last updated: 05/08/2025 7:55 PM
Published 05/08/2025
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From Google Supreme Court
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DELHI | 5TH AUGUST 2025– The Supreme Court of India is scheduled to hear a significant plea on August 8, 2025, concerning the restoration of statehood for Jammu and Kashmir (J&K). The plea was mentioned today before a Bench led by Chief Justice of India (CJI) BR Gavai.

MATTER RAISED BY SENIOR ADVOCATE GOPAL SANKARANARAYANAN

During today’s proceedings, Senior Advocate Gopal Sankaranarayanan urged the Court to ensure the case remains on the hearing list.

“The date shows as August 8. Let it not be deleted,” Sankaranarayanan submitted.

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In response, the Court agreed to retain the matter on the August 8 causelist, ensuring it will be heard as scheduled.

WHO FILED THE PLEA?

The application was filed by:

Zahoor Ahmed Bhat, a college teacher

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Khurshid Ahmad Malik, a social activist

The petitioners argue that the continued delay in restoring statehood is severely impacting the constitutional rights of citizens in Jammu and Kashmir.

KEY LEGAL CONCERNS IN THE PLEA

Filed during the 2024 Assembly elections in the region, the plea asserts that forming a Legislative Assembly prior to the restoration of statehood would violate the principle of federalism, which is part of the basic structure of the Indian Constitution.

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CURRENT POLITICAL SCENARIO IN JAMMU & KASHMIR

At present, Jammu and Kashmir functions as a Union Territory, with a government led by the National Conference, supported by the Indian National Congress and several independent Members of the Legislative Assembly (MLAs).

BACKGROUND: ABROGATION OF ARTICLE 370 AND BIFURCATION

In August 2019, the Government of India:

Abrogated Article 370, which granted special status to Jammu and Kashmir

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Bifurcated the erstwhile state into two Union Territories — Jammu & Kashmir and Ladakh

This move faced legal challenges, leading to a landmark judgment in December 2023, where a Constitution Bench of the Supreme Court upheld the abrogation.

REVIEW PETITIONS AND TEMPORARY UT STATUS

In May 2024, the Supreme Court dismissed review petitions filed against its December 2023 verdict.

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Importantly, while the Court upheld the abrogation of Article 370, it did not rule on the validity of the 2019 J&K Reorganisation Act, which authorized the creation of two UTs from the former state.


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