India’s Federal Design and the Debate on J&K Statehood Formation

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• The Supreme Court’s directive on restoring Jammu and Kashmir’s statehood has revived debate on India’s federal design and the balance between Union authority and State autonomy.

Introduction

• The question of Jammu and Kashmir’s statehood has reignited the debate on India’s federal design. 
• The Supreme Court, while upholding the abrogation of Article 370 in December 2023, directed the Union Government to restore statehood and conduct Assembly elections. 
• Although elections were held in October 2024, no roadmap for restoration has been announced. 
• This delay raises larger concerns about the constitutional balance between India’s federal spirit and the Union’s authority.

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Constitutional Framework for State Formation

• The Indian Constitution outlines three processes for creating States: admission, establishment, and formation.
  • Admission: Political units like Jammu and Kashmir joined India through the Instrument of Accession in 1947.
  • Establishment: New territories like Goa and Sikkim were admitted following acquisition under international law.
  • Formation: Most common, this involves reorganising existing States under Article 3. Parliament may alter boundaries, merge, divide, or rename States.
• However, while Parliament can reorganise States, it cannot permanently downgrade a State into a Union Territory. This principle underscores the federal foundation of India.

The Federal Character of India

• India’s Constitution establishes a Union of States rather than a traditional federation. 
• The term “Union” was chosen deliberately to ensure indivisibility, reflecting strong central authority alongside federal features.
• Key aspects of India’s federal design include:
  • Indivisibility of the Union: States cannot secede, ensuring unity.
  • Bicameralism with Rajya Sabha: A permanent Upper House ensures continuous State representation at the Union level.
  • Basic Structure Doctrine: Federalism has been recognised as part of the Constitution’s basic structure, making it immune from dilution.
• Thus, federalism in India balances diversity with unity, providing space for States while keeping the Union intact.

J&K and the Federal Debate

• The 2019 Jammu and Kashmir Reorganisation Act converted the State into two Union Territories, J&K and Ladakh. 
• While this was upheld as constitutional in 2023, the Court mandated eventual restoration of J&K’s statehood.
• Critics argue that the delay undermines federalism by extending Union dominance through the Lieutenant Governor, restricting the powers of elected representatives. 
• Proponents, however, argue that given J&K’s sensitive security situation, Union control remains essential until stability deepens.

Importance of Restoring Statehood

• Restoration of statehood carries deep constitutional and political significance:
  • Federal Integrity: Reaffirming India’s commitment to shared governance between the Union and States.
  • Democratic Rights: Empowering the elected Assembly ensures people’s representation and accountability.
  • Balancing Power: Curtailing the excessive influence of the Lieutenant Governor aligns governance with democratic federalism.
  • Judicial Mandate: Compliance with the Supreme Court’s directive strengthens constitutional trust.
  • Political Stability: Restoring statehood could reduce alienation in the region and reinforce faith in India’s federal compact.

The Larger Federal Design Challenge

• India’s federalism is often described as “quasi-federal,” combining strong central authority with regional autonomy. 
• While this has enabled national unity, it has also led to tensions, especially when Union powers are exercised extensively, such as in J&K.
• The debate underscores a fundamental question: how should India balance national security concerns with federal principles? The answer lies in respecting constitutional commitments while pragmatically addressing ground realities.

Source : TH