J&K Statehood Restoration: Status, Court Case & Timeline

What the Supreme Court Said in December 2023

In In Re: Article 370 of the Constitution (2023 INSC 1058, decided 11 December 2023), a five-judge Constitution Bench upheld C.O. 273 and the abrogation of Article 370, but held paragraph 2 of C.O. 272 to be unconstitutional (Supreme Court Observer). On statehood:

• The Court did not decide whether converting the State of Jammu and Kashmir into a Union Territory was valid. It left open whether Parliament can extinguish statehood in this way, relying on the Solicitor General's statement that statehood would be restored (IANS).
• It upheld the creation of the Union Territory of Ladakh. See Ladakh: statehood and Sixth Schedule.
• It directed the Election Commission to hold Assembly elections by 30 September 2024, and recorded that "restoration of statehood shall take place at the earliest and as soon as possible". It set no statehood deadline (IANS).
• During the hearings, Solicitor General Tushar Mehta said the Home Ministry could not give an exact timeline and that restoration would take "some time" (same source).
• It held that paragraph 2 of Constitution (Application to Jammu and Kashmir) Order, 2019 (C.O. 272), which used Article 367 to read "Constituent Assembly" as "Legislative Assembly", was impermissible, but upheld the President's power to declare Article 370 inoperative under Article 370(3). See Holdings by Paragraph.
• Review petitions against the verdict were dismissed on 1 May 2024 (see Review Petitions).

For the full analysis, see the Judgment Summary: Core Holdings.

How Statehood Would Be Restored

Jammu and Kashmir's Union Territory status comes from an Act of Parliament: the Jammu and Kashmir Reorganisation Act, 2019. The Rajya Sabha passed it on 5 August 2019, the Lok Sabha on 6 August, and it received Presidential assent on 9 August. The Union Territories were formed on 31 October 2019 (SC Observer; India Code). Restoring statehood would therefore require a new law of Parliament. As The Week put it, "the government would need to pass a new bill in Parliament" (The Week, 30 Jun 2025).

• Who decides: At the 14 August 2025 hearing, the Chief Justice of India said: "It is for Parliament and the Executive to make a decision" (News Arena India).
• Reported preconditions: BJP leaders have suggested that statehood would be taken up after the next census and delimitation. Experts quoted by The Week said elections did not legally have to come first (The Week).
• What changes: For how Union Territory status affects powers over police, public order and the Lieutenant Governor's role, see Return of Statehood Demand.

The Time-Bound Restoration Pleas in the Supreme Court

The Applicants and Their Case

Applications seeking a direction to restore statehood within a fixed period were filed by academician Zahoor Ahmad Bhat and socio-political activist Khurshid Ahmad Malik, and were brought before the Court in October 2024 (The Week, 17 Oct 2024; Kashmir Reader). The plea asks for restoration within two months. The applicants argue that the delay is "gravely affecting the rights of the citizens of Jammu and Kashmir and also violating the idea of federalism", which they describe as part of the Constitution's basic structure (IANS). Senior Advocate Gopal Sankaranarayanan appears for Bhat.

Hearing of 14 August 2025

A bench of Chief Justice B.R. Gavai and Justice K. Vinod Chandran sought the Union Government's response and listed the matter after eight weeks. The Chief Justice remarked: "You cannot ignore what happened in Pahalgam." Solicitor General Tushar Mehta said there were "several considerations which go into the decision-making process" (News Arena India).

Hearing of 10 October 2025

The same bench gave the Centre four more weeks to file its response (All India Radio News). The Solicitor General said:

• There had been "substantial progress in Jammu and Kashmir". Assembly elections had been held peacefully and an elected government installed, as assured to the Constitution Bench (All India Radio News).
• "The Centre and the state are in consultation". Incidents including the Pahalgam attack needed careful assessment before a final decision (The Leaflet).

Sankaranarayanan reminded the Court of the Solicitor General's "solemn undertaking" to restore statehood (The Leaflet).

After October 2025: No later hearing or order was found in the sources reviewed for this page. The matter is treated here as pending, with no decision as of 17 October 2026.

Cabinet and Assembly Resolutions

J&K Cabinet Resolution (October 2024)

At its first meetings after Omar Abdullah became Chief Minister on 16 October 2024 (see 2024 developments), the Cabinet "passed a unanimous resolution for restoration of statehood in its original form". It authorised the Chief Minister to take the matter up with the Prime Minister and the Union Government, and Lieutenant Governor Manoj Sinha cleared the resolution (Outlook, 19 Oct 2024).

Assembly Resolution of 6 November 2024

The Assembly called for dialogue on special status and constitutional guarantees (as recalled in the 2026 resolution; The Pioneer).

Lapsed Resolutions (April 2025)

On 7 April 2025, three private members' resolutions on statehood lapsed when the Assembly transacted no business amid protests over a Waqf (Amendment) Act adjournment motion (Kashmir Life).

Full Statehood Resolution of 28 September 2026

Chief Minister Omar Abdullah moved the resolution on 25 September 2026. It was passed by voice vote on 28 September after BJP members walked out. The text states that "in addition to the resolutions passed by this House on June 26, 2000 and 6 November 2024", "the House calls upon the Government of India for the immediate and urgent restoration of full statehood", and resolves to forward it to the Government of India (The Pioneer; Telangana Today).

• Four MLAs were marshalled out: Vikram Randhawa and Arvind Gupta (BJP), and Irfan Lone and Iftikhar Ahmad (Congress) (The Pioneer).
• Leader of the Opposition Sunil Sharma (BJP) said his party supports statehood but opposes linking it to the status before 5 August 2019. The BJP called the reference to autonomy and special status "an insult to the Constitution" (The Pioneer).
• The 26 June 2000 resolution, adopted under Farooq Abdullah, had sought restoration of the pre-1953 constitutional position (The Pioneer).

Stated Positions

• Union Government: Before the Constitution Bench, it said statehood would be restored but gave no timeline. In 2025 it told the Court that security considerations, including the Pahalgam attack, must be weighed and that it was consulting the J&K Government (The Leaflet).
• J&K Government (National Conference-led): Seeks "full statehood" without delay. During the 2026 debate, Omar Abdullah questioned whether restoration was being made conditional on "guns to go silent" (The Pioneer).
• BJP in J&K: Supports statehood but opposes references to autonomy or the pre-2019 special status (The Pioneer).
• Petitioners: Argue that the absence of a time-bound framework breaches federalism and seek enforcement of the Union's assurance to the Constitution Bench (IANS).

For the broader debate, including restoration scenarios and administrative implications, see Return of Statehood Demand.

Dated Tracker (2019–2026)

Frequently Asked Questions

Sources

1. Supreme Court Observer: Article 370 of the Constitution, a timeline
2. Jammu and Kashmir Reorganisation Act, 2019 (India Code)
3. PRS Legislative Research: J&K Reorganisation Bill, 2019
4. IANS: SC to hear pleas seeking restoration of J&K's statehood (14 Aug 2025)
5. Kashmir Reader: SC to hear plea for restoring J&K statehood (14 Aug 2025)
6. News Arena India: SC seeks Centre's reply on J&K statehood plea (14 Aug 2025)
7. All India Radio News: SC gives Centre four weeks (10 Oct 2025)
8. The Leaflet: SC grants four more weeks to the Centre (Oct 2025)
9. The Week: SC to consider plea for time-bound restoration (17 Oct 2024)
10. The Week: Is Centre preparing to restore statehood? (30 Jun 2025)
11. Outlook: LG approves J&K cabinet's statehood resolution (Oct 2024)
12. Kashmir Life: Statehood resolutions lapse amid Assembly chaos (Apr 2025)
13. Telangana Today: Omar Abdullah moves resolution seeking full statehood (Sep 2026)
14. The Pioneer: J&K passes resolution demanding full statehood (29 Sep 2026)

This tracker reflects sources reviewed up to 17 October 2026 and is not legal advice. Court listings can change; check the Supreme Court's cause list for the current position.