In a significant turn of events during the twelfth day of the Constitution Bench proceedings regarding the Article 370 case, the Supreme Court has directed the Union Government to outline a timeline or a plan for reinstating the statehood of Jammu and Kashmir (J&K). The bench, led by Chief Justice of India DY Chandrachud alongside Justices SK Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, engaged in active discussions concerning the conversion of J&K from a state to a Union Territory (UT) in 2019, which led to the revocation of its special status under Article 370.

Representing the Union Government, Solicitor General (SG) Tushar Mehta referred to a statement made by Union Home Minister Amit Shah in Parliament during the introduction of the J&K Re-organization Bill in 2019. The statement affirmed the eventual restoration of J&K's statehood. The Chief Justice questioned the temporary nature of the UT status, asking for clarity on the timing and the possibility of holding elections.

The SG assured the court that he would seek guidance on the matter, underscoring that the process of reinstating statehood was already underway.

During the arguments, the Chief Justice also contemplated whether the conversion of a state into a UT could be a temporary measure in the interest of national security.

However, he stressed that, in such circumstances, the government needed to confirm to the Supreme Court its intention to eventually revert the UT back to a state. "Perpetual UT status is not admissible," he remarked.

The SG confirmed that the government's stance aligned with this perspective, echoing the sentiments expressed in the parliamentary statement. While acknowledging the paramount importance of national security, the Chief Justice also highlighted the significance of reintroducing democratic processes in the region. He stated,

"We comprehend the weight of national security concerns… safeguarding the integrity of the nation is of utmost importance. But without putting you in a difficult position, both you and the Attorney General should obtain instructions at the highest level - is there a specific timeframe in mind?"

To this, the SG responded,

"I will seek instructions. I will present statements and efforts…"

The Chief Justice underlined that while national security remained a vital consideration, reestablishing democracy was equally pivotal. "Equally, the restoration of democratic principles holds significance," he affirmed.

When the proceedings resumed at 2 PM, the Solicitor General, after receiving instructions, informed the bench that the statehood of J&K would be reinstated, while Ladakh would remain a UT.

"The instructions indicate that a UT status is not a permanent arrangement. However, I will provide a positive statement the day after tomorrow. Ladakh will continue as a UT," the SG confirmed.

In a previous session, the Court had inquired whether the conversion of J&K into a Union Territory was consistent with the principles of federalism, given that it occurred during a period of President's rule when the State Assembly was dissolved.