The J&K Reorganisation Act was passed in Parliament on August 6, 2019. It gave the Centre, through the Lieutenant Governor, a heightened legislative role in J&K, and put the bureaucratic apparatus in the UT under the Union Home Minister.
Importance of the topic:
The demand for restoring J&K’s statehood is central to ongoing political discourse, federalism, and Centre–State relations. It involves constitutional questions about autonomy, democratic representation, and legislative authority. Understanding this issue is essential for both Indian Polity and Governance sections of GS Paper II and current affairs-based Mains questions. Six years after the abrogation of Article 370 and the passage of the Jammu and Kashmir Reorganisation Act, 2019, the question of restoring full statehood to J&K is back in political and judicial discourse. While the Supreme Court upheld the abrogation in December 2023, it also urged the Union Government to restore statehood at the earliest, ideally before the next Assembly elections.
Understanding the Jammu & Kashmir Reorganisation Act, 2019
The J&K Reorganisation Act, passed in August 2019, radically altered the political geography of India by:
- Bifurcating the former state into two Union Territories (UTs): Jammu & Kashmir (with a legislative assembly) and Ladakh (without a legislative assembly)
- Repealing Article 370, which had conferred special status to J&K.
- Ending the state’s Constitution, flag, and autonomy in various matters.
How Was the Act Passed?
It was passed under Article 3 of the Constitution, which empowers Parliament to change the boundaries or status of any state. The Constitution (Application to J&K) Order, 2019 extended all provisions of the Indian Constitution to J&K. A Presidential Order, followed by resolutions in Parliament, enabled the effective nullification of Article 370.
This method has been legally contentious, with debates about: Whether Article 370 could be abrogated without the consent of the erstwhile State Assembly and Whether a UT can be created out of a full-fledged state without a constitutional amendment.
Why Restoration of Statehood is Important:
- Democratic Legitimacy: A Union Territory is governed by the Centre, with limited powers to the local legislature (like Delhi). Statehood would return full legislative powers and autonomy to the elected J&K government.
- Political Participation and Stability: Full statehood may encourage wider participation in elections and a return to mainstream politics in the Valley.
- Judicial Recommendation: The Supreme Court (2023) noted that UT status must be temporary and urged a time-bound plan for restoration.
- Rebuilding Trust: Statehood is seen as a step to win back the confidence of the local population, especially after internet shutdowns, detentions, and security clampdowns.
Challenges in Restoring Statehood
- Security Concerns: Terror threats and infiltration risks persist. The government may delay full devolution until there is a more stable security environment.
- Geopolitical Tensions: China and Pakistan continue to contest India’s sovereignty over J&K and Ladakh. Strategic concerns may shape decisions.
- Administrative Realignment: The reorganisation involved restructuring administrative units, services, and legal frameworks. Reversing some of those may create bureaucratic hurdles.
- Political Control by the Centre: The current arrangement allows the Centre direct control. Restoring statehood might reduce this control, especially if opposition parties dominate the future assembly.
- Need for Election Readiness
Value Addition: |
Article 3 of the Constitution of India:
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