Delay in J&K statehood undermines federalism: SC Adv Ashok Bhan

sameer
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15 Dec 2025

Srinagar, Dec 15: Senior Supreme Court Advocate and bar leader Ashok Bhan has expressed strong criticism of the Union of India’s continued delay in restoring full statehood to Jammu & Kashmir. "This delay is unwarranted and undermines the commitments made both in and outside Parliament," Adv Bhan said while speaking at a gathering of the Lawyers Guild, a prominent think tank of India’s legal fraternity. Bhan pointed out that the recent Constitution bench judgment, which upheld the inoperability of Article 370, referenced the assurance and submission of the Solicitor General of India in para 503 that “the statehood will be restored to Jammu & Kashmir and the status of Union Territory is temporary”. The ongoing delay, he said, is increasingly difficult to justify on political, constitutional, and ethical grounds. Since the reorganisation of Jammu & Kashmir into two Union Territories in August 2019, the Union government has repeatedly said that statehood would be restored “at an appropriate time”. Over five years later, despite relative administrative stability and the conduct of elections, this promise remains unfulfilled. Bhan questioned the commitment to democracy and federal principles, highlighting the disconnect between assurances and action. He said the prolonged absence of statehood weakens democratic federalism, a core feature of the Indian Constitution. While J&K has an elected legislative assembly, real power largely resides with the Lieutenant Governor and the Union government. "This diluted democracy hampers local representatives' ability to shape policy, address regional concerns, and respond to public aspirations. Continued central control risks turning an initially temporary exception into a permanent norm," he said. The SC advocate further argued that the delay erodes political trust and alienates citizens. Failing to honour repeated assurances diminishes trust, especially among the youth, who already face unemployment and political disempowerment, he said. Adv Bhan said there is no compelling administrative or security reason to delay further. "While security concerns are often cited, J&K has seen significant improvements in electoral participation, tourism, and governance. If elections can be held, it logically indicates the region’s capacity to function as a full state. Tying statehood to shifting security benchmarks risks indefinitely postponing the promise of full federal integration," he said. Bhan warned that delaying statehood sets an unhealthy constitutional precedent. "If a state can be downgraded and kept in that status for years without a clear plan for restoration, it undermines the federal principles of equality among states. Such a trend could have repercussions beyond J&K, unsettling the federal balance and raising doubts about the durability of other states’ constitutional statuses," he said. The SC advocate said that restoring statehood could be part of the solution, not a risk. While acknowledging security concerns, Adv Bhan said the prolonged delay is no longer justified. "Honouring the commitment to restore statehood would reaffirm faith in democracy, strengthen federalism, and demonstrate confidence in the people of J&K as equal stakeholders in the Indian Union," he said.