On the 11th day of hearing the litany of pleas challenging the abrogation of Article 370, the Supreme Court asked the Centre to come up with a timeframe about when Jammu and Kashmir's union territory status will be converted to statehood.
Solicitor General Tushar Mehta, appearing for the central government, said on Tuesday that Jammu and Kashmir's current status as a union territory is temporary and pointed out examples of Assam, Tripura and Arunachal Pradesh.
“It’s necessary that for some time it remains under the union as a union territory. Ultimately, J&K will become a state,” the Solicitor General told a five-judge constitution bench headed by Chief Justice of India D.Y. Chandrachud. The bench also comprises Justices Sanjay Kishan Kaul, Sanjiv Khanna, B.R. Gavai and Surya Kant.
Mehta said he will make a positive statement on August 31. However, he pointed out that Ladakh will continue to remain a union territory.
However, the court said lack of electoral democracy cannot be permitted indefinitely. "This has to come an end... give us the specific time frame as to when will you restore actual democracy. We want to record this," the court said, asking Mehta and Attorney General R. Venkataramani to seek instructions from the political executive and get back to the court.
On Monday, CJI Chandrachud observed that by enacting Article 35A, the Centre has virtually taken away fundamental rights of equality, liberty to practice profession in any part of the country. He made the remarks after Mehta referred to the contentious provision in the Indian Constitution, saying it gave special rights to only permanent residents of the erstwhile state and was discriminatory.
The Centre told the bench headed by the CJI that citizens have been misguided that the special provisions for Jammu and Kashmir were "not discrimination but a privilege".
"Even today two political parties are before this court defending Article 370 and 35A," the solicitor general told the top court, without referring to the two main parties in Jammu and Kashmir.
-- with PTI inputs
