Introduction

India’s federal design is unique, balancing a strong Union with an inclusive representation of States. The abrogation of Article 370 and the downgrading of Jammu and Kashmir into a Union Territory in 2019 raised critical constitutional and political debates. The Supreme Court’s December 2023 ruling upheld the abrogation but directed restoration of statehood. While elections were held in October 2024, the absence of progress on restoring statehood highlights a sharp tension between constitutional intent and political practice. The issue has become a litmus test of Indian federalism, bringing into focus the balance between unity, diversity, and democratic representation.

The Demand for Restoration of Statehood to Jammu and Kashmir

1. Supreme Court Intervention: Recently, the Court sought a detailed response from the Centre on the timeline for restoring statehood to J&K.
2. Sharp Contrast: While elections were held in 2024, statehood has not been restored, despite the Court’s explicit direction.
3. Federal Implications: Critics argue that prolonged delay undermines federalism, part of the Constitution’s basic structure, and weakens democratic rights of J&K’s citizens.
4. Striking Point: For the first time, a full-fledged State was downgraded into a Union Territory, setting a precedent that challenges constitutional norms.

Constitutional Processes for the Creation of States

1. Admission: Admission of new States requires an organised political unit; e.g., J&K’s Instrument of Accession (1947).
2. Establishment: Territory can be acquired under international law, as in the case of Goa and Sikkim.
3. Formation: Article 3 empowers Parliament to reorganise existing States by altering boundaries, names, or creating new ones.

India’s Federal Design and Its Unique Character

1. Union of States: Article 1 describes India as a Union of States, signifying indivisibility while denying the right of secession.
2. Composite Culture: The dual identity of India and Bharat reflects political unity and cultural plurality.
3. Unitary Tilt: The word Union ensures a strong Centre, but representation of States through the Rajya Sabha balances federalism.
4. Basic Structure Doctrine: Federalism is recognised as part of the Basic Structure, making it inviolable.

Constitutional Imperatives for Restoring Statehood

1. Violation of Federal Features: The Union can reorganise States but cannot permanently strip a State into a Union Territory.
2. Supreme Court’s Directive: In December 2023, the Court mandated restoration of statehood along with Assembly elections.
3. Representation at the Centre: Permanent representation of States in the Rajya Sabha is essential to sustain India’s federalism.
4. Erosion of Trust: Prolonged delay risks alienating citizens and eroding India’s image as a welfare-oriented union.

The Road Ahead for Jammu and Kashmir

1. Elections Held: A 90-member Assembly election was conducted in October 2024.
2. Centre’s Silence: No concrete roadmap has been shared for restoring statehood, despite judicial directions.
3. Critics’ Argument: Restoring statehood would empower the elected government, reducing the powers of the Lieutenant Governor, which the Union may be reluctant to cede.
4. Constitutional Morality: Failure to restore statehood risks weakening the principle of cooperative federalism.

Conclusion

The demand for restoration of J&K’s statehood is not a mere political debate but a constitutional necessity. India’s federal design hinges upon the delicate balance between a strong Union and empowered States. If the Union delays restoration indefinitely, it risks setting a precedent that erodes the sanctity of federalism and weakens democratic representation. Upholding statehood is thus not only about J&K but about preserving the essence of India’s constitutional federation.

PYQ Relevance

[UPSC 2014] Though the federal principle is dominant in our Constitution and that principle is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre, a feature that militates against the concept of strong federalism. Discuss.

Linkage: The recent controversy over the restoration of statehood to Jammu & Kashmir directly exemplifies the asymmetry in India’s federal design. While federalism is a part of the Basic Structure, the downgrading of a full-fledged State into a Union Territory shows the unitary tilt of the Constitution. The Supreme Court’s directive to restore statehood reflects the tension between a strong Centre ensuring unity and the need to preserve the spirit of cooperative federalism, echoing the very debate raised in the 2014 question.

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