Jammu Kashmir Case In Supreme Court: Why Constitution Leaves No Room For 'Half Statehood'
Senior Advocate Riyaz Khawar, a constitutional expert, believes the Supreme Court's upcoming decision on the region’s powers is likely to be “positive”.
By ETV Bharat Jammu & Kashmir Team
Published : August 11, 2025 at 7:14 PM IST
Srinagar: Senior Advocate Riyaz Khawar, a constitutional expert and High Court lawyer in Jammu & Kashmir and Ladakh, believes the Supreme Court's upcoming decision on the region’s powers is likely to be “positive” given the legal position already established in the apex court.
Speaking exclusively to ETV Bharat, Khawar recalled that the Solicitor General had earlier told the Supreme Court that certain powers and structures could be restored in line with guidelines discussed in September. “The court cannot now say it has been one year or six months and do nothing, because then even its orders would go unimplemented,” he said.
Khawar broke down the division of powers under the Indian Constitution: the Union List, the State List and the Concurrent List. Matters such as the army, currency, foreign policy, companies and passports fall under the Union List. The Concurrent List includes subjects like education and forests, but, as per Supreme Court judgements, states enjoy greater control over these two areas.
In Jammu & Kashmir, laws like the Criminal Procedure Code (now BNS) and subjects under departments like home, agriculture, forest and social welfare are within the state’s domain. “Any laws made here while it was a Union Territory can be amended by the state once powers are restored,” Khawar explained.
India's constitutional framework recognises five categories: Parliament, state legislatures, Union Territories with legislatures, Union Territories without legislatures and Union Territories with administrators. “There is no provision in the Constitution for half statehood or partial powers,” Khawar asserted.
Once statehood is granted, it must be complete, with powers similar to other states like Gujarat, Maharashtra, Karnataka or any other state of India, according to him. “Some believe certain states can be given fewer powers and others more. This is wrong. If Jammu & Kashmir is given statehood, it will have the same powers. The only change is that after the abrogation of Article 370, Union List subjects will also apply here,” he said.
Calling the idea of “half statehood” a “misnomer” and “misunderstanding”, Khawar claimed that it needs constitutional amendments and consent from state assemblies.
Meanwhile, the apex court is set to hear on August 14, 2025, a public interest litigation (50279/2024) filed by Zahoor Ahmad Bhat against the Union of India, challenging matters related to Jammu and Kashmir's constitutional and administrative framework (Jammu and Kashmir statehood case).
The petition, filed in October 2024 and formally registered in November 2024, is being argued by advocate Soayib Qureshi for the petitioner, with the Union of India as the sole respondent.
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