Jammu & Kashmir Administrative Services (JKPSC)

• 19 Oct 2024

SC to Consider Plea for Restoring Jammu & Kashmir’s Statehood

Why in News?

Recently, the Supreme Court agreed to hear a petition regarding the restoration of Jammu & Kashmir’s statehood, following the 2019 bifurcation.

Key Points

• The bifurcation occurred after the abrogation of Article 370 in 2019, which led to the formation of two Union Territories (J&K and Ladakh).
• 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.