Govt ready, poll panel to take call on timing of elections in J&K: Centre to SC

The Centre on Thursday told the Supreme Court that the government is "ready" to conduct elections in Jammu and Kashmir "anytime" but the timing would be determined by the J&K Election Commission and the Election Commission of India together.

Appearing on behalf of the Centre, Solicitor General Tushar Mehta informed a five-member Constitution Bench headed by Chief Justice of India (CJI) D Y Chandrachud that the first election in J&K will be held for panchayats (rural areas).

He further informed the SC that "it is for the Election Commission of India and the state election to take a call on the polls. Updating the voter list is complete."


With regard to restoration of full statehood to Jammu and Kashmir, Mehta told the bench that while J&K being a Union territory is a "temporary phenomenon" but he cannot give an exact timeframe for restoration of full statehood to J&K.

Submitting that currently the Union territory of J&K has "all the trappings of a state", the Solicitor General added that J&K will have "to be infused with things so that it becomes a (full-fledged) state." Mehta further submitted that "because of peculiar circumstances with repeated and consistent disturbances (in J&K) for decades, it (restoration to state) might take some time."

Listing out the Centre's roadmap, Mehta said that the central scheme for J&K is ₹28,400 crores. He added that as opposed to 2018, there is a drop of 45.2% in terrorist-initiated instances in 2023.

Mehta went on to submit that infiltration in J&K has reduced by 90.2% in J&K (compared to 2018) and law and order events have reduced by 97.2%. Listing out the figures, he said that the data points would hold relevance for the state and Centre for the purpose of holding elections.

The SG further stated that security personnel casualties have reduced by 65.9%, adding that while in 2018 there were 52 bandhs, in 2023 there were nil. He said that after the abrogation of Article 370, transparency has ushered in grant of projects to J&K. He added that more and more individuals are participating in e-tenders.

Article 370, which gave special status to J&K, was repealed in 2019 by the Centre.

"Peace doesn't come merely by policing. Several beneficial projects are being introduced. Out of 53 projects (launched under Prime Minister's development package) worth ₹58,474 crores, 32 are complete," Mehta informed the SC.

He further submitted that in 2022, 1.88 crore tourists visited J&K and so far this year, one crore tourists have visited J&K. Mehta said that there is a "tourism boom" in J&K which has generated employment.

Earlier this week, the Constitution Bench headed by CJI Chandrachud had observed that "restoration of democracy" in Jammu and Kashmir is "very important". The top court had asked the Solicitor General if there is a "time frame" in its mind by which it will restore full statehood in J&K.

Speaking for the bench, the CJI had verbally asked Mehta if the Centre had a "roadmap" on restoration of democracy in J&K which stands converted into a Union territory after abrogation of Article 370.

Mehta had assured the bench that J&K will not remain a Union territory forever. Referring to the statement made by Union Home Minister Amit Shah on the floor of the House in 2019, Mehta had said that the full statehood will be restored in J&K once "normalcy" returns.