Supreme Court Hearing on J&K Statehood on August 8 | Six Years After Article 370 Abrogation
By: Javid Amin | 06 Aug 2025
A Date with Destiny for Jammu and Kashmir
As the nation marks the sixth anniversary of Article 370’s abrogation, the focus once again shifts to India’s top court. On August 8, 2025, the Supreme Court of India will hear a plea seeking time-bound restoration of statehood to Jammu and Kashmir. For many in the Union Territory, this hearing represents more than just a legal milestone; it’s a test of the government’s commitment to democratic restoration and constitutional federalism.
In a region still grappling with political ambiguity, economic fragility, and contested identity, this hearing could define the future roadmap for Jammu and Kashmir’s governance.
The Legal Landscape: What the Supreme Court Said in 2023
In December 2023, a five-judge Constitution bench of the Supreme Court upheld the abrogation of Article 370, calling it the “culmination of the process of integration” of Jammu and Kashmir with the rest of India.
While affirming the constitutional validity of the Centre’s move, the court stopped short of ruling on whether bifurcating the state into two Union Territories was constitutionally sound. Instead, it took note of the Centre’s assurance that statehood would be restored and directed that elections be held by September 2024.
The Application at Hand
The current application, filed by academic Zahoor Ahmad Bhat and social activist Khurshaid Ahmad Malik through senior advocate Gopal Sankaranarayanan, urges the court to ensure that the restoration of Jammu and Kashmir’s statehood occurs within a specific timeframe.
According to the plea:
“The non-restoration of the status of statehood of Jammu & Kashmir in a timebound manner violates the idea of federalism which forms a part of the basic structure of the Constitution of India.”
Political Backdrop: From Central Rule to a Coalition Government
Elections and a New Government
In a significant step toward democratic revival, Assembly elections were held in three phases between September 18 and October 1, 2024. A coalition government was formed between the National Conference (NC) and the Indian National Congress (INC), with Omar Abdullah sworn in as Chief Minister.
However, this new government faces a peculiar paradox: while elections were conducted, real power still resides with the Lieutenant Governor (LG), appointed by the Centre. This dual governance structure has blurred accountability and curtailed the authority of elected representatives.
The Missing Common Minimum Programme
Eight months into governance, the NC-Congress alliance has still not finalized a Common Minimum Programme (CMP). Congress leader Tariq Hameed Karra has expressed concern that this reflects deeper coordination issues and undermines governance credibility.
“We have a seat-sharing alliance, not a governance blueprint,” Karra noted.
Public Sentiment: Protests, Demands, and Polarization
August 5, 2025: A Day of Protest and Celebration
On the sixth anniversary of Article 370 abrogation, the region witnessed contrasting political expressions:
- NC, PDP, and Congress observed it as a “Black Day,” staging protests and demanding full statehood and constitutional safeguards.
- BJP, on the other hand, organized Tiranga rallies, hailing the move as a historic achievement for national integration.
PDP chief Mehbooba Mufti was confined to party premises, while NC and Congress leaders faced heavy police restrictions. Congress offices were sealed, and its “Hamari Riyasat, Hamara Haq” campaign was interrupted.
“Even after six years, we are not allowed to protest freely,” said Tariq Hameed Karra.
Federalism and the Constitution: A Test for Indian Democracy
At the heart of the statehood plea lies the principle of federalism — a cornerstone of India’s Constitution. Critics argue that keeping J&K under extended Union Territory status challenges the idea of asymmetric federalism, which was originally designed to respect the region’s unique socio-political landscape.
While the Supreme Court upheld the abrogation, the Centre’s prolonged silence on statehood restoration has raised constitutional and political alarms.
Economic Fallout: What Development Has (and Hasn’t) Delivered
Despite claims of accelerated development, Jammu and Kashmir’s economy paints a mixed picture:
Investment vs. Ground Reality
- Over ₹84,000 crore in investment proposals received.
- Less than ₹2,500 crore materialized on the ground.
Growth Slowdown
- Real GSDP growth slowed from 6.91% to 3.97%, below the national average.
- Unemployment remains a major concern, especially among the youth (over 30%).
Rising Debt
- Internal debt has nearly doubled.
- Liabilities now exceed 60% of GSDP.
Tourism and Infrastructure: Bright Spots in a Cloudy Sky
Tourism Boom
- Over 21 million tourists visited in 2023.
- Sector contributed nearly 7% to regional GDP.
Infrastructure Projects
- Chenab Rail Bridge, world’s highest, completed.
- AIIMS Awantipora and IIT Jammu are under development.
- Digital push under BharatNet connected over 9,700 homes.
Security Landscape: Calm on the Surface, Risks Beneath
Decline in Violence
- Stone pelting and hartals have drastically reduced.
- Terror incidents fell from 153 (2019) to 46 (2023).
Shocks and Setbacks
- April 2025 Pahalgam Attack: 26 civilians killed by Pakistan-backed militants.
- Operation Sindoor neutralized the attackers, but highlighted persistent security threats.
Bottom-Line: A Region on the Edge of Change
As the Supreme Court prepares to hear the plea on August 8, the spotlight is firmly back on Jammu and Kashmir’s statehood. For the people, this is more than a legal formality — it is a cry for dignity, representation, and rightful governance.
While tourism flourishes and infrastructure projects inch forward, the democratic void, economic stress, and constitutional concerns continue to loom large. The court’s response could redefine the Union Territory’s relationship with the rest of India.
Will the promise of statehood remain a distant dream, or will August 8 mark a turning point in Kashmir’s journey toward justice and autonomy?
