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Focusing on the idea of federalism to drive home the demand for restoration of statehood to the region, the application relies on a previous judgment of the Supreme Court where it has been held that “Democracy and federalism are inter-dependent on each other for their survival such that the federalism would only be stable in well-functioning democracies.”
Supreme Court | Credit: Getty Images
New Delhi: Just a day before the votes are counted for Jammu and Kashmir elections, an application has been filed in the Supreme Court of India demanding restoration of full statehood to the Jammu and Kashmir region.
The application contends that “non-restoration of the status of statehood to Jammu and Kashmir violates the idea of federalism which forms a part of the basic structure of the constitution.”
Moreover, “Non-restoration of the status of statehood of Jammu and Kashmir will result in Jammu and Kashmir being given a lesser form of elected democratic government especially in light of the Legislative Assembly results being declared on 08.10.2024,” says the application.
Application has been filed by an academician working as a senior lecturer of Political Science in government education department
The application has been filed by one Zahoor Ahmad Bhat, an academician working as a senior lecturer of Political Science in government education department, Jammu and Kashmir, who says that non-restoration of full statehood to Jammu and Kashmir is “gravely affecting the rights of the citizens of Jammu and Kashmir and also violating the idea of federalism; and it is for that reason that they have preferred the present application seeking a prayer for appropriate directions to the Union of India for restoration of the statehood of Jammu and Kashmir in a time-bound manner.”
Application relies on a previous judgment of the Supreme Court
Focusing on the idea of federalism to drive home the demand for restoration of statehood to the region, the application relies on a previous judgment of the Supreme Court where it has been held that “Democracy and federalism are inter-dependent on each other for their survival such that the federalism would only be stable in well-functioning democracies.”
The application also states that considering that the Lok Sabha and assembly elections have been held without any incident of violence, disturbance or any security concerns being reported, there is no impediment of security concerns, violence or any other disturbances which would hinder or prevent the grant/restoration of the status of Statehood to Jammu and Kashmir as had been assured by the Union of India in the present proceedings.
Apex court passed judgement last year on petitions challenging Centre’s move to abrogate Article 370
SC had in November last year passed a judgement on petitions challenging central government’s move to abrogate Article 370 and bifurcation of Jammu and Kashmir into Union Territories of Jammu and Kashmir and Ladakh.
In its judgment, while the Supreme Court dismissed challenges to government move to abrogate Article 370, it also said that “restoration of statehood shall take place at the earliest and as soon possible.”
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