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J&K demands ‘restoration’ of Statehood
Context
The Jammu & Kashmir Cabinet headed by Chief Minister has passed the resolution for the restoration of statehood.
Constitutional Provisions
- Article 3 of the Constitution of India specifies the power of Parliament to form a new State out of an existing State or by uniting two or more States/territories or by joining any territory to a State.
- Constitutionally, it is the President who has the power to initiate the process for creation of new state or states.
- He can do it on his own or he can do it in consultation with the state from which new state has to be carved out. Such state or states can request the President about its willingness to carve a new state out of its/their existing size.
- The concerned state or states do so by passing a resolution in the state legislature to this effect.
- In the light of the resolution, the President may ask the Union government to present a bill for passage in the both houses of Parliament.
- If passed by the both houses, it is sent to President for getting his/her consent, after President gives consent, the (bill/decision) is notified and the process of creation of the new state begins.
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