The Importance of India’s Federal Design

Statehood Restoration to Jammu and Kashmir

• The Supreme Court has requested a detailed response from the Centre regarding the restoration of statehood to Jammu and Kashmir.

• The court is hearing the plea in Zahoor Ahmed Bhat versus UT of Jammu and Kashmir.

• The failure to restore statehood to Jammu and Kashmir is argued to affect citizens’ rights and violate the essential features of federalism and the basic structure of the Constitution.

Constitutional Processes for States Creation

• States are created through admission, establishment, and formation.

• Admission through acquisition is guided by international law, as seen in Jammu and Kashmir’s admission through the Instrument of Accession in 1947.

• Territory is acquired as per the definition of acquisition in international law, as seen in India’s acquisition of Goa and Sikkim.

Reorganisation of States

• The process of forming a new State has been reorganised, leading to India’s number of states increasing from 14 in 1956 to 29 before the Jammu and Kashmir Reorganisation Act, 2019.

• The Union must restore the statehood of Jammu and Kashmir to protect the sanctity of federation.

The Role of the Rajya Sabha

• The Rajya Sabha has been made a permanent House in Article 83 (1), which states that it shall not be subject to dissolution.

• States’ representation must always be there at the Union level to maintain and sustain India’s unitary federation.

The Next Steps

• The Supreme Court upheld the abrogation of Articles 370 and 35 A and directed the Union Government to restore the statehood of Jammu and Kashmir.

• Elections for the 90-member Assembly were held in October 2024, but no hint has been given from the Government to restore the statehood.

India’s Federal Structure Overview is important topic for Civil service exam (WBCS).

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