The Supreme Court of India on Thursday emphasised that ground realities in Jammu and Kashmir cannot be overlooked while examining pleas for the restoration of the union territory’s statehood. The court, referring specifically to the recent Pahalgam terror attack, stated that such incidents must be factored into the decision-making process.

A bench comprising Chief Justice of India (CJI) BR Gavai and Justice K Vinod Chandran made the observation during the hearing of a petition filed by academician Zahoor Ahmad Bhat and socio-political activist Ahmad Malik. The petition seeks the restoration of statehood to Jammu and Kashmir, which was downgraded to a union territory following the abrogation of Article 370 in August 2019.

“You also have to take into consideration the ground realities; you cannot ignore what has happened in Pahalgam,” remarked the CJI, referring to the terror attack that recently claimed lives and heightened security concerns in the region.

Solicitor General Tushar Mehta, representing the Centre, told the bench that there are “several considerations which go into the decision-making process” regarding the issue of restoring statehood. The court then sought a formal response from the Centre and scheduled the matter for further hearing after eight weeks.

Senior advocate Gopal Sankaranarayanan, representing the petitioners, urged the court for an early hearing, stressing that prolonged delays undermine democratic restoration. However, the CJI noted, “It is for Parliament and the Executive to take a decision,” indicating that while the judiciary can hear the plea, the political and administrative decision lies with the other branches of governance.

The discussion also revisited the December 11, 2023 Supreme Court verdict in which a five-judge constitutional bench unanimously upheld the abrogation of Article 370, terming it a temporary provision under the Indian Constitution. The verdict had directed that assembly elections be conducted in Jammu and Kashmir by September 2024 and that statehood should be restored “at the earliest”.

Last year, a similar petition was filed seeking directions for statehood restoration within two months, but the government maintained that the process was underway in phases, taking into account security, administrative, and political considerations.

The Pahalgam attack, which saw coordinated strikes on security forces, has heightened tensions in the Kashmir Valley. The incident has brought the spotlight back to security concerns that could influence the timeline for restoring statehood.

Observers note that the Supreme Court’s remarks signal a balanced approach—acknowledging the urgency of political restoration while stressing the realities of security threats. This stance reflects the broader challenge of managing both constitutional promises and ground-level stability in a sensitive region like Jammu and Kashmir.

With the next hearing scheduled in eight weeks, the Centre will now have to file its affidavit detailing its stand, progress on preparations for assembly elections, and an updated roadmap for restoring full statehood. Political parties in the valley have expressed cautious optimism, welcoming the fact that the matter is still under judicial oversight, but also voicing concerns about further delays.

The developments also rekindle debates about the impact of Article 370’s abrogation, with supporters claiming it has integrated Jammu and Kashmir more firmly into India, while critics argue that the downgrading of statehood has eroded local governance and trust.

As the matter proceeds, the nation will closely watch whether security concerns like the Pahalgam attack slow down the timeline or whether political commitments push the process forward.

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