Restoring Jammu and Kashmir statehood safeguards federalism

Source: The post Restoring Jammu and Kashmir statehood safeguards federalism has been created, based on the article “The importance of India’s federal design” published in “The Hindu” on 1 September  2025. Restoring Jammu and Kashmir statehood safeguards federalism.

UPSC Syllabus Topic: GS Paper 2- Issues and challenges pertaining to the federal structure

Context: The Supreme Court asked the Centre for a detailed response on restoring Jammu & Kashmir’s statehood while hearing Zahoor Ahmed Bhat v. UT of J&K. The matter follows the Court’s 2023 directions and concerns the present constitutional status and governance of Jammu & Kashmir.

For detailed information on Supreme Court upholds repeal of J&K’s Special Status read this article here

What constitutional questions are before the Court?

1. Petitioners’ claims on rights and federalism: They argue that the failure to restore statehood harms citizens’ rights in J&K. They also say this failure violates essential federal features and thus the Constitution’s basic structure.
2. Court’s stance on institutional roles: The Court stated that it does not possess full policy expertise. Some decisions lie with the executive, within constitutional limits and the separation of powers.
3. Why the Centre’s detailed reply matters: A comprehensive reply is needed to set out the Union’s position and timeline. The reply will address the constitutional concerns raised in the petition.

How does the Constitution confer or reshape statehood?

1. Admission into the Union: To be admitted into the Union, a territory must be an organised political unit. If admission occurs through acquisition, the process must follow international law. J&K entered India in 1947 through the Instrument of Accession executed by Maharaja Hari Singh under the Indian Independence Act, 1947.
2. Establishment after acquisition: When India acquires territory in line with international law, Parliament may establish it as a State. Goa and Sikkim followed this route.
3. Formation by reorganisation (Article 3): Parliament may form new States, unite territories, change areas, alter boundaries, or rename States. Such reorganisation expanded India from 14 States in 1956 to 29 before the J&K Reorganisation Act, 2019.

What guardrails preserve India’s federal balance?

1. Article 3 powers bounded by federal design: Parliament’s powers are broad, but they operate within federal constraints that protect constitutional balance.
2. No conversion of a State into a Union Territory: The Union may reduce a State’s area, but it cannot convert a State into a Union Territory. Such a move would run against India’s federal features.
3. Consequence for J&K: Restoring J&K’s statehood follows the constitutional design. The timing may depend on conditions on the ground.

How is India’s federal architecture designed, and why does it matter?

1. Union of States and indivisibility: Article 1 describes India as a Union of States with no right to secede. “India” denotes a unitary federation, and “Bharat” reflects composite culture and unity in diversity.
2. Strong Centre with welfare federalism: The term “Union” protects unity and integrity. The federal character enables equitable resource distribution and supports a welfare state. This federal character is part of the Basic Structure.
3. Continuous State voice at the Centre: The Rajya Sabha is permanent under Article 83(1) and is not subject to dissolution. This ensures ongoing State representation at the Union level.

Where do things stand after the 2023 ruling?

1. Supreme Court directions and elections: On December 11, 2023, the Court upheld the abrogation of Articles 370 and 35A. It also directed restoration of statehood and Assembly elections. Elections for the 90-member Assembly were held in October 2024.
2. Government’s stance so far: There is no indication yet from the Union on restoring statehood.
3. Critics’ concern and constitutional answer: Critics say restoration would empower the elected government and curtail the Lieutenant Governor’s powers. Accepting that view would conflict with India’s constitutional design and would erode federal features.

Question for practice:

Examine how the question of restoring Jammu and Kashmir’s statehood highlights constitutional processes of state reorganisation, the limits protecting India’s federal balance, and the broader design of India’s federal structure.