Restoration of Statehood

• 20 Sep 2024

Why in News?

Recently, the Prime Minister addressed a rally in Srinagar, highlighting the restoration of Jammu and Kashmir's statehood and democratic progress in the region.

Key Points

• Article 3 of the Constitution: Formation of New States
  • Parliament holds the power to enact legislation for the formation of new States.
  • New States can be created by:
    • Separating territory from an existing State.
    • Uniting two or more States.
    • Uniting parts of different States.
    • Uniting any territory to a part of any State.
  • Parliament also has the authority to:
    • Increase or diminish the area of any State.
    • Alter the boundaries or name of any State.
  • Here, the word State includes a Union Territory also.
• Checks on Parliament’s Power:
  • A bill for the formation of new States can only be introduced in either House of Parliament upon the recommendation of the President.
  • If the bill affects the areas, boundaries, or name of a State, the President must refer the bill to the concerned State Legislature for its views.
  • The views of the State Legislature must be communicated to Parliament, but Parliament is not bound by them.
• State Legislature’s Role:
  • The State Legislature's only role is to express its views when requested by the President.
  • Parliament is not obligated to adhere to the views of the State Legislature when forming new States.
• Laws enacted under Article 3 are not considered amendments to the Constitution, even if they modify provisions of the First Schedule (list of States and Union Territories) or the Fourth Schedule (allocation of seats in the Rajya Sabha).
  • This means such laws can be passed by a simple majority in Parliament, not requiring the special procedure for constitutional amendments.

Status of Jammu and Kashmir

• On 5^th of August 2019, the President of India promulgated the Constitution (Application to Jammu and Kashmir) Order, 2019.
• The order effectively revoked the special status accorded to Jammu and Kashmir under the provision of Article 370.
• It superseded the Constitution (Application to Jammu and Kashmir) Order, 1954 under which Article 35A was added to the constitution of India.
  • Article 35A stems from Article 370 and empowers the Jammu & Kashmir legislature to define the permanent residents of the state, and their special rights and privileges.
• The Jammu and Kashmir Reorganization Act 2019 which became effective on 31^st October 2019 provided for the bifurcation of the State into two separate union territories of Jammu and Kashmir (with legislature), and Ladakh (without legislature).