UT status for J&K not permanent: Centre to SC

New Delhi: The Central government on Tuesday told the Supreme Court that “Union Territory is not a permanent feature” after the Constitution Bench asked the Attorney General and Solicitor General to seek instructions from the Centre over the timeframe to restore statehood of the erstwhile state of Jammu and Kashmir.

The state was downgraded into two Union Territories (UTs) in 2019 - J&K and Ladakh. “The instructions are - UT is not a permanent feature. But, I will make a positive statement the day after tomorrow (regarding Jammu and Kashmir),” said Solicitor General Tushar Mehta, adding that Ladakh would remain a UT.

Solicitor General (SG) Mehta clarified that he will meet the high-level functionaries in the government along with Attorney General (AG) to seek more instructions to make a statement before the court. He submitted that Union Home Minister Amit Shah made a similar statement on the floor of Parliament. “This is not a permanent situation, after the situation returns to normalcy, we want it to become a state again,” said Mehta referring to the Home Minister’s speech.

Mehta apprised the Constitution Bench that for the first time in the history of J&K, local government elections took place in 2020 where around 34,000 people were elected, adding that no “hartal (strikes), stone pelting or curfew” had been there in the valley post revocation of Article 370.

During the hearing, Chief Justice of India D.Y. Chandrachud-led Constitution Bench remarked that the erstwhile state cannot be a “Union Territory in permanence", stressing that restoration of democracy was very important. “We understand that these are matters of national security. We understand that ultimately preservation of the nation itself is an overriding concern. But without putting you in a bind, both you (SG) and Attorney General may seek instructions on the highest level - is there some time frame in view?” orally asked CJI Chandrachud.