Central government ready for elections in Jammu and Kashmir, timing to be decided by Election Commissions. Statehood status temporary

The Union government on Thursday informed the Supreme Court that it is ready for elections at any time in Jammu and Kashmir. Solicitor General Tushar Mehta, appearing for the government, said that the process of updating the voter list is substantially over.

Mehta said that the legislative assembly elections in Jammu and Kashmir are likely to be held after panchayat polls and municipal polls. It is, however, for the State Election Commission and the Central Election Commission to decide which election should take place first, he added.

“There are three elections which are due. For the first time, the three-tier panchayat raj system is introduced. The first elections would be for panchayats. District development council elections have already taken place,” Mehta told the five-judge Constitution bench headed by Chief Justice of India DY Chandrachud.

While the government refrained from giving a specific timeframe for restoring statehood for Jammu and Kashmir, it clarified that Union Territory status is temporary.

“So far as statehood is concerned, I have already made a statement but that apart, the statement of the home minister on the floor of parliament - UT is a temporary thing, we are dealing with an extremely extraordinary situation,” he said.

The solicitor general submitted that "terrorist initiated instances" have reduced by 45.2% and infiltration by 90.2% when comparing the situation in 2018 with that of 2023. He also underlined that incidents like stone pelting have reduced by 97.2% and casualties among security forces by 65.9%, adding that the agencies would take these factors into consideration before taking any decision.

Senior advocate Kapil Sibal, appearing for National Conference leader Mohammad Akbar Lone, asked if the court was taking these factors into account while dealing with the legality of the abrogation of Article 370.

CJI Chandrachud clarified that the bench will deal with the legality of the abrogation of Article 370 on constitutional grounds and that facts relating to election or statehood won't affect that determination.

On Tuesday, the Supreme Court asked the government to indicate if there was a time frame for granting statehood to Jammu & Kashmir, underlining that the restoration of democracy in the region was “very important”.

“The government has to make that statement before us that its (J&K’s) progression back to state has to take place. It cannot be a Union territory (UT) in permanence... Restoration of democracy is very important. It’s a surviving component for our nation,” the bench said.