‘Restoration of democracy is important’: SC on abrogation of Article 370

The Supreme Court on Tuesday, August 29, asked the Attorney General and Solicitor General of India to seek instructions from the Union government over the time frame required to restore statehood of the erstwhile state of Jammu and Kashmir which was split into two union territories in 2019. Observing that “restoration of democracy is important", a Constitution Bench headed by Chief Justice of India DY Chandrachud, hearing pleas challenging the abrogation of Article 370, remarked that the erstwhile state cannot be a “Union Territory in permanence".

“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?” CJI Chandrachud asked orally.

The Union government told the Supreme Court that the “union territory is not a permanent feature” after the apex court asked to seek instructions from the Union government about the timeframe required. The state was downgraded into two Union Territories (UTs) in August 2019 -- Jammu and Kashmir, 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.  SG Mehta clarified that he will meet the functionaries in the government along with the AG to seek more instructions to make a statement.