In response to a query over the impact on the newly-elected J&K legislative assembly if the Centre decided to restore statehood, senior lawyer and constitutional law expert Rakesh Dwivedi opined it will not be necessary to dissolve the Assembly.
Senior advocate Gopal Sankaranarayanan echoed similar sentiments and said restoration of statehood will not make any difference as the Legislative Assembly had already been constituted.
“It will not be necessary to dissolve the Legislative Assembly. It will continue to function as state Assembly. A parliamentary law amending the existing one made after abrogation of Article 370 would suffice. Even if two states of Jammu and Kashmir are created, the procedure would be a State Reorganisation Act under Articles 3 and 4 of the Constitution,” added Dwivedi.
On December 11, 2023, the Supreme Court unanimously upheld the 2019 revocation of Article 370 of the Constitution that gave special status to the erstwhile state of Jammu and Kashmir even as it ordered Assembly elections there by September 2024 and the restoration of statehood “at the earliest”.
Earlier this week an application was filed in the top court seeking directions to the Centre for restoration of statehood to J&K within two months.
