Restoration of Statehood for Jammu & Kashmir

Restoration of Statehood for Jammu & Kashmir

Why in News Restoration of Statehood for Jammu & Kashmir? 

On August 8, 2025, the Supreme Court is scheduled to examine a plea highlighting the prolonged delay in returning statehood to Jammu and Kashmir. The move comes exactly six years after the abrogation of Article 370. 

• In 2023, the Centre had assured the court that statehood would be returned at the earliest. The fresh plea questions why that promise has not yet been fulfilled.

Present Status of Jammu and Kashmir

• After the abrogation of Article 370 in August 2019, the governance structure in Jammu and Kashmir shifted from a special status state to a Union Territory (UT) directly under the central government. 
• Since its reclassification on October 31, 2019, Jammu and Kashmir has functioned as a Union Territory with a legislative assembly, while Ladakh has remained a separate UT without legislative power.
• The region is currently governed by a Lieutenant Governor, appointed by the President of India, who oversees all executive functions.
• As of August 2025, the administrative responsibilities of Jammu and Kashmir continue under the leadership of Lieutenant Governor Manoj Sinha.
• The UT has limited legislative power, restricted to subjects under the State List, excluding public order and police. These two critical areas remain under the direct control of the Union Government, handled through the LG. 
• Around 890 Central Acts have been extended to J&K post-2019. The Indian Penal Code (IPC) replaced the Ranbir Penal Code, and bodies like the CAG, Election Commission, and NCBC now have direct jurisdiction.
• In 2023, the region welcomed over 1.88 crore tourists, the highest in recent decades. Major infrastructure projects, including the Chenab Railway Bridge (world’s highest rail bridge, inaugurated in 2022) and AIIMS Awantipora, are under development.

Chronological Background from Article 370 to Reorganization

• Accession to India: In October 1947, following tribal invasions supported by Pakistan, the Maharaja of Jammu and Kashmir, Hari Singh, signed the Instrument of Accession to India. Under the original accession terms, the Indian Union had jurisdiction over Jammu and Kashmir in three key areas: defence, foreign affairs, and communications. To formalize this arrangement, the Indian Constitution included Article 370 in 1950, granting special autonomy to Jammu and Kashmir.

• • • Under this provision, the Jammu and Kashmir Constituent Assembly was given the power to decide which parts of the Indian Constitution would apply to the state. This created a distinct constitutional relationship between Jammu and Kashmir and the Union of India.

• Abrogation of Article 370: In the years following independence, multiple Presidential Orders were issued to extend several provisions. The fall of the PDP-BJP alliance in 2018 led to the dissolution of the state government and the imposition of President’s Rule. Around the same time, the Union Government began deliberations on a major constitutional change. 

• Reorganization: On August 5, 2019, the Indian government, led by the BJP, announced the abrogation of Article 370 through a Presidential Order (C.O. 272). This was followed by the passage of the Jammu and Kashmir Reorganisation Act, 2019 in Parliament.

• • The Jammu and Kashmir Reorganisation Act led to the formal division of the region into two Union Territories, granting legislative power only to Jammu and Kashmir.
  • The changes took effect from October 31, 2019, which is now marked as UT Foundation Day.

Supreme Court Verdict and the Centre’s Promises

• The Supreme Court of India gave its long-awaited verdict on the abrogation of Article 370 in December 2023. The Supreme Court ruled that the President had constitutional authority to revoke Jammu and Kashmir’s special status under Article 370.
• The court explained that Article 370 was only a temporary provision. It stated that the article was meant to help Jammu and Kashmir transition into full integration with the rest of India. 
• In the 2023 court hearings, the Union Government, through Solicitor General Tushar Mehta, committed to restoring Jammu and Kashmir’s statehood. He also mentioned that elections would be held after the delimitation process and the update of electoral rolls.
• The Delimitation Commission concluded its task in May 2022, redefining the boundaries of assembly constituencies in Jammu and Kashmir.

Constitutional Path to Statehood: Legal Provisions and Precedents

Restoring statehood to Jammu and Kashmir requires a constitutional process. This process is guided by Article 3 of the Indian Constitution, which deals with the formation of new states and changes to existing ones.

• Article 3: Article 3 gives Parliament the authority to form new states, alter boundaries, or change names and status. It also covers converting a Union Territory into a state. This provision has been used multiple times since independence to create and reorganize Indian states.

• • • The process begins when the President of India refers a Bill to the State Legislature concerned. However, in the case of a Union Territory, this step is not mandatory since UTs do not always have a functioning legislature.

• Procedure: To restore statehood to Jammu and Kashmir, the Union Government must introduce a new Reorganisation Bill in Parliament. This Bill must clearly define the boundaries, administrative structure, and powers of the restored state. Since the region currently operates as a Union Territory with a legislative assembly, the Centre can proceed without seeking approval from any state-level body.

• Once the Bill is introduced, it must be passed by both Houses of Parliament by a simple majority. After that, the President signs the Bill, and the change becomes law.

• Previous Precedents: India has seen multiple cases where the Centre changed the status of a region. For instance, the northeastern states like Arunachal Pradesh, Manipur, and Tripura were Union Territories before they became full states. Manipur and Tripura became states in 1972 under the North-Eastern Areas (Reorganisation) Act, 1971.

Challenges in Restoring Statehood to Jammu and Kashmir

• Security Concerns: Security remains the most sensitive issue in Jammu and Kashmir. Though there has been a reduction in militancy since 2019, the situation is not fully stable. According to data from the Ministry of Home Affairs, the number of terrorist incidents fell from 2019 to 2023. However, targeted killings, especially of minority civilians and migrant workers, still take place in districts like Pulwama, Shopian, and Anantnag.
• Constitutional Complexity: Though the legal process to restore statehood is available under Article 3 of the Constitution, the situation is more complex than just passing a new Bill. The Jammu and Kashmir Reorganisation Act, 2019, changed the status of the region significantly. Reversing parts of this act would require careful drafting of new laws and addressing potential legal hurdles.