1st September 2025 (15 Topics)
1
Sep
Restoration of J&K Statehood
Context:
The Supreme Court has sought a detailed response from the Union Government regarding the restoration of statehood to Jammu and Kashmir in the ongoing Zahoor Ahmed Bhat vs UT of J&K case.
Constitutional Provisions for State Formation:
- Article 3 empowers Parliament to form a new State, alter areas, boundaries, or names of existing States.
- However, while the Union can diminish the area of a State, it cannot convert a State into a Union Territory permanently, as this undermines federalism.
- States can be created through admission (e.g., J&K’s accession in 1947), establishment (e.g., Goa, Sikkim), or reorganisation (e.g., 1956 onwards).
Federal Design of India:
- India is described as a “Union of States” (Article 1) — implying unity, indestructibility, and indivisibility.
- The term “Union” highlights strong central authority while retaining federal features through equitable distribution of powers.
- Federalism has been recognised as part of the Basic Structure of the Constitution (Kesavananda Bharati case, 1973).
Judicial Position:
- On 11 December 2023, the Supreme Court upheld the abrogation of Articles 370 and 35A but directed restoration of statehood and conduct of elections.
- Assembly elections were conducted in October 2024, but statehood has not yet been restored.
Significance of Statehood:
- Restoring statehood ensures elected governments function with real powers, limiting the control of the Lieutenant Governor.
- Prolonged Union Territory status weakens India’s federal spirit and may dilute citizens’ democratic rights.
Rajya Sabha’s Role:
- As per Article 83(1), Rajya Sabha is a permanent body, ensuring State representation in law-making at the Union level — crucial for federal balance.
- Without full statehood, J&K’s role in federal decision-making remains curtailed.
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