Why in News: The Supreme Court has asked the Centre to clarify its stand on restoring statehood to Jammu & Kashmir, noting that despite Assembly elections in October 2024, statehood has not yet been reinstated.
Introduction
- Federalism is part of the basic structure of the Indian Constitution.
- While India is a “Union of States” and not a classical federation, the balance between unity and diversity has been central to its constitutional philosophy.
- The issue of restoration of statehood to Jammu & Kashmir (J&K) has reopened debates on India’s federal design, Centre-State relations, and constitutional safeguards.
Kashmir
- In Zahoor Ahmed Bhat vs UT of J&K, the Supreme Court recently sought a response from the Union Government on restoring J&K’s statehood.
- Petitioners argued that prolonged denial of statehood violates:
- Rights of citizens.
- Federal principles forming part of the basic structure.
- Supreme Court stance:
- Acknowledged limitations of judicial intervention in executive decisions.
- Recalled its earlier direction (Dec 2023 judgment) — restore statehood and hold elections.
- Ground reality:
- Elections to the 90-member Legislative Assembly held in October 2024.
- Statehood restoration still pending, no timeline indicated by the Government.
Constitutional Processes of Creating and Reorganising States
- Admission of New States – requires an organised political unit, guided by international law (e.g., J&K’s Instrument of Accession, 1947).
- Establishment of States – through acquisition of territory (e.g., Goa, Sikkim).
- Formation/Reorganisation of States – under Article 3, Parliament may:
- Form new States.
- Alter boundaries, names, or areas of existing States.
- Separate or unite territories.
Important Limitation: The Union can diminish a State’s area but cannot permanently convert a State into a Union Territory without undermining federalism.
India’s Federal Design: Unique Features
- Union of States (Article 1) – States have no right to secede; “Union” ensures indivisibility.
- Unitary with Federal Features – weighted towards Centre but with federal safeguards.
- Rajya Sabha as Permanent House (Article 83(1)) – ensures continuous State representation.
- Federalism as Basic Structure – guarantees equitable distribution of resources and sustains India’s welfare-state model.
Importance of Restoring Statehood to J&K
- Constitutional Mandate: Upholds federalism and prevents a dangerous precedent.
- Political Empowerment: Strengthens the elected Assembly, reduces over-centralisation of the LG.
- Democratic Legitimacy: Enhances participation, reduces alienation.
- National Integrity: Aligns with India’s unique “unitary federalism.”
- Judicial Directive: SC directed restoration along with elections.
Concerns and Counter-Arguments
While restoration is constitutionally desirable, the Union cites several reasons for caution:
- Security Concerns – J&K’s proximity to Pakistan and China, cross-border terrorism, and recent militant attacks justify continued central control.
- Need for Stability First – Full statehood could embolden separatist voices unless peace and development are firmly rooted.
- Administrative Efficiency – UT status has enabled faster execution of welfare schemes and infrastructure projects.
- Past Misuse of Autonomy – Earlier misuse of special provisions (Articles 370 & 35A) slowed integration; premature statehood may repeat such bargaining.
- Electoral Dynamics – Risk of identity-based politics overtaking governance if statehood is restored too soon.
- Constitutional Flexibility – Article 3 grants Parliament wide powers; India’s federalism is asymmetrical, giving the Union room to act in exceptional situations.
- National Interest Argument – A phased approach avoids international criticism or propaganda from hostile neighbours.
Way Forward
- Time-bound Roadmap – Government must outline a timeline for statehood restoration.
- Balanced Federalism – Strong Centre for security, empowered State for democracy.
- Confidence-building – Visible empowerment of local institutions to strengthen trust.
- Judicial Oversight – Ensure SC’s directives are implemented to maintain rule of law.
Conclusion
While the Centre must safeguard security and national integrity, prolonged denial of statehood risks undermining federalism as part of the basic structure. A phased, time-bound restoration of J&K’s statehood would reaffirm India’s unique model of unitary federalism, protect constitutional sanctity, and strengthen the democratic fabric of the Union.
UPSC Relevance
GS Paper II:
- Structure, organisation and functioning of the Union and the States.
- Issues and challenges in federal structure, devolution of powers.
GS Paper I:
- Post-independence consolidation and reorganisation of States.
Mains Practice Question
Q. “Federalism is part of the basic structure of the Constitution. In this context, critically examine the demand for restoration of statehood to Jammu and Kashmir.”