Context:

The Lieutenant Governor (LG) of Jammu and Kashmir (J&K) has called for the restoration of statehood to the Union Territory, which must be interpreted as both a demand from the newly elected government and an assurance of the Centre's promise.

Background

Jammu and Kashmir was granted special status under Article 370 of the Indian Constitution. It had its own constitution, flag, and administrative autonomy.

In August 2019, both houses of India's parliament passed a resolution to repeal Article 370. At the same time, a reorganization act was passed, which divided the state into two union territories: Jammu and Kashmir (with legislative Assembly) and Ladakh (without legislative Assembly).

The Union Territory of Jammu and Kashmir is currently administered in accordance with Article 239 of the Constitution. The Jammu and Kashmir High Court has jurisdiction over the union territory, and it also serves as the high court for Ladakh.

In Parliament, Jammu and Kashmir now has five Lok Sabha seats and four Rajya Sabha seats. Ladakh has only one Lok Sabha seat.

Demand of Statehood for Jammu and Kashmir

The newly elected government, led by the National Conference, has demanded the restoration of statehood in Jammu and Kashmir. It also points out the Centre's promise that Jammu and Kashmir, which was downgraded to a Union Territory (UT) in August 2019, will regain its statehood.

Political parties and activists claim that full statehood would strengthen local governance while also recognizing the region's distinct cultural and political identity. They are concerned that the continued Union Territory status limits self-governance, decision-making, and public trust, potentially contributing to instability.

Formation of New States

Article 3 empowers Parliament to establish new states/Union Territories by separating territories from existing states by:

Uniting two or more states.
Connecting parts of different states.
Connecting any territory with a portion of any state.
Parliament can increase or decrease the size of any state.
Change the boundaries or name of any state.

Process of formation

A bill establishing new states can only be introduced in Parliament with the President's recommendation.

If the bill affects a state's areas, boundaries, or name, the President must refer it to the appropriate State Legislature for review, however, it is not a legal obligation to accept them.

Laws enacted under Article 3 don't qualify as constitutional amendments, so no special procedure is required. They can be passed with a simple majority in Parliament.

What is the Union government's standing on statehood?

The Union government made an official declaration to the Supreme Court that Jammu and Kashmir would regain its statehood, but no specific timeline was given.

This assurance was made during the hearing on the validity of Presidential notifications that repealed the State's special status under Article 370, as well as during the Parliament's adoption of the Jammu and Kashmir Reorganisation Act.

The Union Home Minister has stated in Parliament and public speeches that Jammu and Kashmir (J&K) will regain statehood once conditions, particularly security and stability, improve.

What are the challenges in restoring statehood to Jammu and Kashmir?

The government says that security is its primary concern, including J&K's history of insurgency and border conflicts. While the security situation has improved, occasional incidents continue, particularly along the border, prompting caution when restoring full state autonomy.

Way Forward

The restoration of Jammu and Kashmir's statehood would mean it back to its previous status as a state with its own legislative powers, which had been removed in 2019. This restoration is viewed as critical for democratic governance and complying with the Union Government's promises, especially in the context of recent elections and the establishment of a representative government in Jammu Kashmir.

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Source:

THE HINDU

Greater Kashmir