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.