The Solicitor General appearing for the Union of India
submitted that statehood will be restored to Jammu and Kashmir
and that its status as a as a Union territory
is temporary.
That the status of the Union territory of Ladakh will
not be affected by the restoration of statehood to Jammu
and Kashmir.
The status of Ladakh as a Union territory is upheld.
Redirect that steps shall be taken by the Election Commission
of India
to conduct elections to the Legislative Assembly of Jammu and
Kashmir
constituted under section 14 of the Reorganization Act by 30
September
2024.
Hindustan ke Constitution ka kabhi hissa nahi raigi duniya bhul
jayegi kabhi ye hisa tha.
The next issue is the validity of the Jammu and
Kashmir Reorganization Act,
2019.
The Solicitor General appearing for the Union of India
submitted that statehood will be restored to Jammu and Kashmir
and that its status as a as a Union territory
is temporary.
The Solicitor General submitted that the status of the Union
territory of Ladakh will not be affected by the restoration
of statehood to Jammu and Kashmir.
In view of the submission made by the Solicitor General
that statehood would be restored of Jammu and Kashmir,
we do not find it necessary to determine
whether the reorganization of the state of Jammu and Kashmir
into two Union territories of Ladakh and Jammu and Kashmir
is permissible under Article 3.
The status of Ladakh as a Union Territory is uphill
because Article
3A read with Explanation 1,
permits forming a Union territory by separation of a territory
from any state.
This court is alive to the security concerns in the
territory.
Direct elections to the legislative assemblies,
which is one of the paramount features of representative democracy
in India,
cannot be put on hold until statehood is restored.
We direct that steps shall be taken by the Election
Commission of India
to conduct elections to the Legislative Assembly of Jammu and
Kashmir constituted under Section 14 of the Reorganization Act by
30 September
2024.
Mr. Kapil Sibal
Senior Advocate
Supreme Court
Supreme Court Judgment officially Judgment
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