What is Reorganisation of States/Union Territories (with reference to J&K)?
Historical Background
Key Points
7 points- 1.
Article 3 of the Indian Constitution empowers Parliament to: form a new state, increase or diminish the area of any state, and alter the boundaries or name of any state.
- 2.
A Bill for this purpose can be introduced in either House of Parliament only on the recommendation of the President.
- 3.
Before recommending the Bill, the President has to refer it to the state legislature concerned for expressing its views within a specified period. However, Parliament is not bound by these views.
- 4.
The Bill requires only a simple majority more than 50% of members present and voting in Parliament for its passage.
- 5.
Article 4 states that laws made under Article 2 (admission or establishment of new states) and Article 3 are not to be considered as amendments to the Constitution under Article 368 which requires a special majority.
- 6.
The Jammu and Kashmir Reorganisation Act, 2019, bifurcated the erstwhile state of Jammu and Kashmir into two Union Territories: Jammu and Kashmir (with a legislature) and Ladakh (without a legislature), and simultaneously abrogated Article 370.
- 7.
The reorganisation power reflects the 'indestructible Union of destructible states' nature of the Indian federation.
Visual Insights
Jammu & Kashmir: A Timeline of Reorganisation and Constitutional Changes
This timeline traces the significant historical and legislative events concerning Jammu & Kashmir, from its special status to its reorganisation and recent legislative amendments, providing crucial context for UPSC preparation.
The reorganisation of Jammu & Kashmir in 2019 marked a significant shift in India's federal structure, converting a state with special provisions into Union Territories. This timeline highlights the constitutional and legislative journey, culminating in recent amendments and the Supreme Court's definitive ruling, which are critical for understanding the evolving status of J&K.
- 1947Accession of Jammu & Kashmir to India; Article 370 grants special status.
- 1956States Reorganisation Act (general framework for state reorganisation in India).
- 2019 (Aug)Abrogation of Article 370 and Article 35A; Jammu & Kashmir Reorganisation Act, 2019 passed, bifurcating the state into two UTs: J&K (with legislature) and Ladakh (without legislature).
- 2023 (Dec)Supreme Court upholds the abrogation of Article 370 and the J&K Reorganisation Act, 2019. Directs Election Commission to take steps for elections by Sep 2024 and for restoration of statehood to J&K at the earliest.
- 2023 (Dec)Parliament passes Jammu & Kashmir Reorganisation (Amendment) Bill, 2023 and Jammu & Kashmir Reservation (Amendment) Bill, 2023, further modifying aspects related to the UT of J&K.
- 2024-2025Ongoing delimitation exercise in J&K; preparations for assembly elections and eventual restoration of statehood as directed by the Supreme Court.
State Reorganisation in India: Constitutional Framework and Implications
This mind map elucidates the constitutional provisions governing state reorganisation in India, highlighting Parliament's powers and the unique nature of India's federalism, with J&K as a key case study.
State Reorganisation (Arts. 2, 3, 4)
- ●Article 3: Parliament's Powers
- ●Procedure for Reorganisation
- ●Article 4: Legal Implications
- ●J&K Reorganisation (2019)
Recent Developments
5 developmentsThe passage of the Jammu and Kashmir Reorganisation (Amendment) Bill, 2023 and Jammu and Kashmir Reservation (Amendment) Bill, 2023, which further modified aspects related to the Union Territory of J&K, including representation and reservation.
Ongoing debates and petitions in the Supreme Court regarding the constitutional validity of the Jammu and Kashmir Reorganisation Act, 2019 and the abrogation of Article 370.
Demands for new states (e.g., Vidarbha, Gorkhaland, Bundelkhand) continue to arise from various regions, highlighting the ongoing relevance of Article 3.
The delimitation exercise in J&K following its reorganisation to redraw electoral constituencies.
The Supreme Court's verdict in December 2023 upholding the abrogation of Article 370 and the reorganisation of J&K, while directing for restoration of statehood.