The Supreme Court of India has recently asked the Centre for a detailed response on restoring statehood to Jammu and Kashmir. The court acknowledged its limits in expertise and emphasised that some decisions rest with the government. This follows a petition arguing that the delay in restoring statehood violates citizens’ rights and undermines India’s federal structure and constitutional basic features.
Constitutional Processes for Creating States
The Constitution of India provides three methods for creating States – admission, establishment, and formation. Admission involves incorporating a new political entity into India, guided by international law. Jammu and Kashmir joined India through admission by signing the Instrument of Accession in 1947. Establishment refers to acquiring new territory and creating a State, as seen in Goa and Sikkim. Formation is the reorganisation of existing States, which expanded India’s States from 14 in 1956 to 29 before 2019. Article 3 allows Parliament to alter State boundaries, names, and areas but does not permit converting a State into a Union Territory, as that would breach federal principles.
India’s Unique Federal Design
India is a Union of States, meaning it is indivisible and States cannot secede. Article 1 calls India a Union rather than a Federation, reflecting a blend of federal and unitary features. The term Bharat symbolises cultural unity in diversity. The Constitution balances Centre’s strength to maintain unity with States’ rights to share resources fairly. The federal character is part of the Constitution’s Basic Structure. Rajya Sabha’s permanence ensures States’ continuous representation at the Union level. This design underlines why restoring Jammu and Kashmir’s statehood is vital to uphold India’s federal integrity.
Legal and Political Developments on Jammu and Kashmir
In December 2023, the Supreme Court upheld the abrogation of Articles 370 and 35A, which granted special status to Jammu and Kashmir. The Court also directed the government to restore statehood and conduct Assembly elections. Elections for the 90-member Assembly took place in October 2024. However, the government has not yet moved to restore statehood. Critics argue restoring statehood would reduce the Lieutenant Governor’s powers and limit Union control. Yet, such a shift aligns with constitutional federalism and strengthens democratic governance.
Significance of Restoring Statehood
Restoring statehood to Jammu and Kashmir is essential to protect citizens’ rights and uphold federalism. It ensures political empowerment through elected representatives. It also maintains the constitutional balance between Centre and States. Delaying restoration risks weakening the federal structure and the Basic Structure doctrine. The Union’s temporary control can continue based on ground realities but must not become permanent. The Supreme Court’s insistence emphasises the constitutional mandate to respect federalism and democratic principles.
Questions for UPSC:
- Taking the example of Jammu and Kashmir, discuss the constitutional provisions and challenges involved in the reorganisation of States in India.
- Examine the concept of the Basic Structure of the Constitution and analyse its importance in preserving India’s federal character.
- Critically discuss the balance between Centre and State powers in India’s federal system and how it affects governance and democracy.
- With suitable examples, discuss the role of the Supreme Court of India in upholding federalism and constitutional principles in recent years.
