The potential restoration of statehood to Jammu and Kashmir (J&K) from its current Union Territory (UT) status will not require the dissolution of the newly-elected Legislative Assembly, senior legal experts said on Wednesday.
Constitutional law expert Rakesh Dwivedi stated that if the Centre restores statehood, it will not be necessary to dissolve the existing Assembly. He added, “The Assembly will continue to function as a State Assembly. A Parliamentary law amending the one passed after the abrogation of Article 370 will be sufficient to address the transition.”
Echoing similar views, senior advocate Gopal Sankaranarayanan also confirmed that the restoration of statehood will not impact the functioning of the Legislative Assembly, which was constituted following the National Conference-Congress alliance’s victory in the October 9 elections.
This clarification comes at a time when the demand for statehood restoration is growing, with the National Conference making it a key election promise. The Supreme Court had previously ordered the restoration of statehood “at the earliest,” following the abrogation of Article 370 in 2019.
Chief Justice of India D.Y. Chandrachud had noted the Centre’s submission that the Union Territory status was temporary, and statehood would be restored in due course. Solicitor General Tushar Mehta had also assured that the statehood restoration is a priority.
An application has recently been filed in the Supreme Court, urging the Centre to restore statehood to J&K within two months.
The newly-elected 90-member Assembly, which emerged after the historic elections, will remain unaffected by these developments, according to the legal opinions provided.
