The Demand for J&K's Statehood: A Test for India's Federal Structure
UPSC Relevance
Prelims: Indian Polity and Governance (The Union and its Territory - Articles 1-4, Federalism, Centre-State Relations, Basic Structure Doctrine, J&K Reorganisation Act, 2019, Rajya Sabha).
Mains:
General Studies Paper 2: Indian Constitution—features, significant provisions and basic structure; Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure.
Key Highlights from the News
Supreme Court sought clarification from the Central Government regarding the restoration of statehood to Jammu & Kashmir.
Petitioners argue that not restoring statehood violates federalism, which is part of the Basic Structure of the Constitution.
The author strongly argues that while Article 3 of the Constitution empowers the Centre to diminish the area of a state, converting a state entirely into a Union Territory goes against federal principles.
India is a "Union of States." To protect this structure, the Rajya Sabha, which represents the states, has been made a permanent body. Therefore, abolishing a state is contrary to this idea.
In a significant judgment in December 2023, while upholding the abrogation of Article 370, the Supreme Court had directed the Central Government to restore Jammu & Kashmir's statehood as soon as possible.
Detailed Explanation: Key Constitutional Concepts
Formation of States (Article 3):
This article empowers Parliament to form new states and alter the area, boundaries, and names of existing states through law.
Procedure: Such a bill can only be introduced in Parliament with the prior recommendation of the President. Before introduction, the President must refer the bill to the concerned state legislature for its views.
Key Provision: However, Parliament is not bound to accept the state legislature's opinion. This indicates the unitary bias of the Indian federation.
"Union of States" (Article 1):
As clarified by Dr. B.R. Ambedkar, this expression has two meanings:
The Indian Federation is not the result of an agreement among the states.
States have no right to secede from the Federation.
Therefore, India is "an indestructible Union of destructible states."
Federalism as Basic Structure:
The Indian Constitution has both unitary and federal characteristics (hence it is called quasi-federal).
However, in the S.R. Bommai case, the Supreme Court ruled that federalism is part of the basic structure of the Constitution. Therefore, this characteristic cannot be abolished through an amendment or administrative action.
Role of Rajya Sabha in Federalism:
The Rajya Sabha is called the "Council of States." It represents the interests of the states in the central legislature.
Since the Rajya Sabha is a permanent body, even if the Lok Sabha is dissolved, the voice of the states will always be present at the central level, strengthening federal principles.
Mains Only Notes
The Jammu & Kashmir issue is one of the biggest tests for Indian federalism in recent times. Converting a full state into two Union Territories was an unprecedented step.
This discussion about restoring statehood is not merely about Jammu & Kashmir, but about the fundamental relationship between the Centre and states, and the limits of Parliament's powers under Article 3.
Arguments for Restoring Statehood vs. Arguments Against/For Delaying:
Arguments for Restoring Statehood:
Constitutional Mandate: The 2023 Supreme Court judgment explicitly directs this.
Upholding Federalism: Downgrading states to Union Territories weakens the fundamental principles of federalism. Federalism is part of the basic structure of the Constitution.
Democratic Rights: The democratic rights of the people can only be fully protected by granting full powers to an elected government and legislature.
Arguments Against/For Delaying:
National Security Concerns: The government argues that direct central control is necessary until the security situation in Jammu & Kashmir fully improves.
Administrative Control: Granting statehood would reduce the powers of the Lieutenant Governor and weaken central control.
Balanced View: Although the Supreme Court upheld the abrogation of Article 370, the court emphasized the importance of restoring democracy and protecting federal principles in the same judgment.
Given the successful conduct of elections in Jammu & Kashmir, delaying the restoration of statehood will undermine democratic trust.
Even if security concerns persist, addressing them in cooperation with an elected government is the correct democratic approach.
For India's concept of "Union of States" to remain strong, a state cannot be permanently kept as a Union Territory.
Therefore, as directed by the Supreme Court, restoring statehood to Jammu & Kashmir within a definite timeframe is essential for the health of Indian federalism.
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