·The Hindu·15 marks·250–350 wordsPolityHistoryDefence

Discuss the constitutional and federal implications of converting a full-fledged state into Union Territories, with reference to the Jammu and Kashmir Reorganisation Act, 2019.

In this answer
  1. Constitutional implications
  2. Federal implications

Article 3 empowers Parliament to alter State boundaries, but the Jammu and Kashmir Reorganisation Act, 2019 (Act 34 of 2019) marked the first instance of a full-fledged State being downgraded into two Union Territories — J&K with a legislature and Ladakh without one [1] — raising fresh questions about the limits of that power.

Constitutional implications

  • Scope of Article 3 stretched: the provision speaks of forming new States and altering areas; its use to extinguish Statehood itself is a novel reading, with the State legislature's views only recommendatory.
  • Dilution of the elected mandate: J&K's Assembly may legislate on State List subjects except "Police" and "Public Order", which vest with the Union [2] — a permanent narrowing of legislative competence.
  • Executive primacy: administration runs through a Union-appointed Lieutenant Governor advised by a Council of Ministers, replicating the contested Delhi–Puducherry model [2].

Federal implications

  • Asymmetric federalism recast: J&K moved from the most autonomous unit (Articles 370, 35A) to the least, with 106 central laws extended and State laws repealed [1][2].
  • Precedent risk: if Statehood is revocable by ordinary law, the bargaining position of every State weakens, straining the federal balance that the Supreme Court has treated as part of the basic structure.
  • Judicial ambiguity: in In Re: Article 370 (11 December 2023), the Constitution Bench upheld the abrogation and Ladakh's UT status, but declined to rule on the validity of converting a State into a UT, while recording the Union's assurance of restoring Statehood and directing Assembly elections [3][4].

Reorganisation is constitutionally permissible, yet federal comity demands that it be exceptional, time-bound and consultative. Early restoration of Statehood to J&K — as assured before the Court — along with a clear legislative framework governing such conversions, would reconcile national security imperatives with the cooperative federalism that the Constitution envisages.

Sources

  1. 1The Jammu and Kashmir Reorganisation Act, 2019 (Act No. 34 of 2019) — India Codebifurcation into two UTs; extension of central laws
  2. 2The Jammu and Kashmir Reorganisation Bill, 2019 — PRS Legislative Research106 central laws; Police and Public Order excluded from Assembly's competence; Lieutenant Governor and Council of Ministers
  3. 3In Re: Article 370 of the Constitution, judgment dated 11 December 2023 — Supreme Court of Indiaabrogation upheld; question of State-to-UT conversion left open; Ladakh UT upheld
  4. 4Union Home Minister welcomes the Supreme Court's ruling on Article 370 — PIBUnion government's assurance on restoration of Statehood and holding of Assembly elections
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