Paper: GS – II, Subject: Polity, Topic: Federalism, Issue: Federalism.
Context:
The restoration of Jammu and Kashmir’s statehood remains a key issue after the 2019 abrogation of Articles 370 and 35A, which made it a Union Territory.
- The Supreme Court has sought the Centre’s response, highlighting the constitutional and federal significance of the matter, which involves provisions on state creation, India’s unique union federalism, and the political implications of J&K’s status.
Key Takeaways:
| What is Federalism? Federalism refers to a system of government in which power is divided between a central authority and various constituent units, such as states or provinces.In India, the constitution divides powers and responsibilities between the central government and the state governments. The division of powers is further enhanced by a third tier of government, the local self-government. |
Parliament’s Power to Reorganise the States:
- Article 3 of the Indian Constitution outlines the formation of new states as well as changes to existing states’ areas, boundaries, or names.
- Article 3 authorises the Parliament to:
- (a) form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state;
- (b) increase the area of any state;
- (c) diminish the area of any state;
- (d) alter the boundaries of any state;
- (e) alter the name of any state
- However, Article 3 imposes two conditions in this regard: first, a bill proposing the above changes can be introduced in Parliament only with the President’s prior recommendation; and second, before recommending the bill, the President must refer it to the state legislature concerned for comment within a specified period.
- The views of the state legislature are not binding on the President (or Parliament), who may accept or reject them regardless of when they are received.
The Case of Jammu and Kashmir: Statehood and Reorganization:
- The Jammu and Kashmir Reorganisation Act, 2019, significantly altered the status of the former state of Jammu and Kashmir. The Act:
- Revoked Article 370, which granted special autonomous status to the state.
- Divided the state into two Union Territories: Jammu and Kashmir, and Ladakh.
- The decision to reorganize Jammu and Kashmir into Union Territories has sparked considerable debate regarding the principles of federalism and the rights of the citizens of the region.
Status of the Demand to Restore Statehood to Jammu and Kashmir:
Restoring Jammu and Kashmir’s statehood is essential to protect democratic rights, uphold India’s federal structure, and maintain citizens’ trust in governance. The Constitution ensures unity through federalism, and delaying restoration risks weakening these principles. Timely, transparent action balancing security and administration is crucial to sustaining India’s constitutional ethos.
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