The importance of India’s federal design , Pg8

Key Highlights:

• The Supreme Court has requested a detailed response from the Centre regarding the restoration of statehood to Jammu and Kashmir (J&K).
• The court acknowledged the principle of separation of powers, recognizing the government's role in certain decisions.
• Arguments have been made that the failure to restore statehood to J&K affects citizens' rights and violates the essential features of federalism.
• The Supreme Court on December 11, 2023, upheld the abrogation of Articles 370 and 35A, directing the restoration of statehood to J&K and the holding of Legislative Assembly elections.

Detailed Insights:

• The Constitution of India outlines three processes for creating states: admission, establishment, and formation.
• Jammu and Kashmir was admitted into India through the Instrument of Accession in 1947, executed by Maharaja Hari Singh.
• Article 3 of the Constitution allows Parliament to form a new state by altering existing states, but the Union cannot eliminate a state by converting it into a Union Territory.
• India is a Union of States, implying indivisibility and no right to secession, with the term 'India' reflecting a unitary federation and 'Bharat' signifying cultural unity.
• The explicit use of 'Union' strengthens the Centre to protect national unity, while the federal character ensures equitable resource distribution, establishing India as a welfare state.
• The Rajya Sabha is a permanent house to ensure states' representation at the Union level, maintaining India's unitary federation.
• Holding elections for the 90-member Assembly occurred in October 2024, but the government has not yet restored statehood as directed by the Court.
• Restoring statehood would empower the elected government in J&K and curtail the powers of the Lieutenant Governor, potentially affecting the Union's position.

Key Concepts Involved:

• Federalism: A system of government in which power is divided between a central authority and constituent political units.
• Instrument of Accession: A legal document that enabled princely states to join the newly independent India in 1947.
• Article 370: A former constitutional provision granting special autonomous status to Jammu and Kashmir.
• Union Territory: A type of administrative division in India that is governed directly by the Union government.