Restoration of statehood in J&K won't change status of assembly: Legal experts

The restoration of statehood from the presumption of national territory (UT) successful Jammu and Kashmir (J&K) by the Centre successful aboriginal volition not impact the presumption of caller legislative assembly, ineligible experts said connected Wednesday.

In effect to a query implicit the interaction connected the newly-elected J&K legislative assembly if the Centre decided to reconstruct statehood, elder lawyer and law instrumentality adept Rakesh Dwivedi opined it volition not beryllium indispensable to dissolve the assembly.

Senior advocator Gopal Sankaranarayanan echoed akin sentiments and said restoration of statehood volition not marque immoderate quality arsenic the Legislative Assembly had already been constituted.

Their views person travel amid a increasing clamour for restoration of the J&K's statehood, which was 1 of the large canvass planks of the Jammu and Kashmir National Conference, which secured bulk seats successful the 90-member assembly connected October 9.

The National Conference-Congress harvester pulled disconnected a broad triumph successful the maiden elections successful J&K pursuing the abrogation of Article 370 successful 2019.
"It volition not beryllium indispensable to dissolve the Legislative Assembly. It volition proceed to relation arsenic authorities Assembly. A parliamentary instrumentality amending the existing 1 made aft abrogation of Article 370 would suffice. Even if 2 states of Jammu and Kashmir are created, the process would beryllium a State Reorganisation Act nether Articles 3 and 4 of the Constitution," added Dwivedi.

On December 11, 2023, the Supreme Court unanimously upheld the 2019 revocation of Article 370 of the Constitution that gave peculiar presumption to the erstwhile authorities of Jammu and Kashmir adjacent arsenic it ordered assembly elections determination by September 2024 and the restoration of statehood "at the earliest".

Penning the verdict, Chief Justice of India DY Chandrachud had noted Solicitor General Tushar Mehta's submission that the Centre would reconstruct the statehood and the UT presumption was temporary.
The apex tribunal had said that restoration of statehood shall instrumentality spot astatine the earliest and arsenic soon arsenic possible.

Earlier this week an exertion was filed successful the apical tribunal seeking directions to the Centre for restoration of statehood to Jammu and Kashmir wrong 2 months.