J-K CM moves resolution for full statehood restoration in assembly; BJP MLAs protest
The Jammu and Kashmir Legislative Assembly took up a resolution seeking the "immediate and urgent restoration of full statehood to Jammu and Kashmir," moved by the Chief Minister after Question Hour.
The resolution invoked two earlier assembly resolutions — one passed on 26 June 2000 (seeking restoration of the pre-1953 autonomy position) and another passed on 6 November 2024 — and resolved that the new resolution be forwarded to the Government of India.
The government clarified the resolution concerned statehood restoration only, not a renewed claim to special status or autonomy.
Discussion of the resolution led to disorder in the House, and the Speaker adjourned proceedings; the resolution itself has no binding legal force on Parliament or the Union government.
Article 370 abrogation and the J&K Reorganisation Act, 2019
Article 370 of the Constitution had granted Jammu and Kashmir a special status, including a separate constitution and restricted application of central laws. On 5–6 August 2019, Parliament passed resolutions revoking the special status conferred by Article 370, and the Jammu and Kashmir Reorganisation Act, 2019 bifurcated the state into two Union Territories — Jammu and Kashmir (with a legislative assembly) and Ladakh (without one) — with effect from 31 October 2019, the "appointed day" under the Act. The Act also abolished the state's Legislative Council and extended around 106 central laws to the region.
Key Details
- Presidential assent to the Reorganisation Act: 9 August 2019.
- Appointed day (when the UTs came into existence): 31 October 2019.
- Only the J&K UT retains a legislative assembly; Ladakh is administered without one.
The 2026 resolution seeks reversal of the "downgrade" from state to Union Territory carried out by this very Act, using the non-binding mechanism of an assembly resolution rather than any judicial or legislative challenge to the Act's validity.
Article 3 — Parliament's exclusive power to reorganise states
Article 3 of the Constitution gives Parliament the exclusive power to form new states, alter the area, boundaries or name of an existing state, including converting a Union Territory into a full state (or vice versa). A bill under Article 3 can be introduced in Parliament only on the President's recommendation, and if it affects a state's area, boundary or name, the President must refer it to the concerned state legislature for its views within a specified period — but that view is not binding on Parliament. Because Article 3 reorganisation is done by ordinary legislation (not a constitutional amendment under Article 368), Parliament can act without requiring a two-thirds majority or state ratification.
Key Details
- Article 3 bills require prior Presidential recommendation before introduction.
- Legislature's views on such a bill (where sought) are advisory, not binding.
- Statehood restoration for J&K would require a fresh Article 3 amendment Act of Parliament reversing the 2019 Reorganisation Act's UT structure.
An assembly resolution cannot itself restore statehood — it is a political and symbolic appeal; the actual legal pathway runs solely through Parliament acting under Article 3.
Supreme Court's 2023 Article 370 judgment on statehood
In its judgment of 11 December 2023 upholding the abrogation of Article 370, the Supreme Court directed that statehood be restored to Jammu and Kashmir "at the earliest and as soon as possible," while also directing that assembly elections need not wait for statehood restoration and should be held by 30 September 2024. The Court did not fix a specific timeline or deadline for restoring statehood itself.
Key Details
- Judgment delivered by a five-judge Constitution Bench, 11 December 2023.
- The Court left the timing of statehood restoration to the Union government's discretion, without judicially enforceable deadlines.
- J&K assembly elections were subsequently held in 2024, ahead of the statehood question.
The Chief Minister's resolution explicitly references this pending promise — delimitation and elections have occurred, but statehood, referenced in the Supreme Court's directions, remains outstanding, forming the basis for the 2026 resolution.
- The resolution refers to two prior assembly resolutions: 26 June 2000 (autonomy) and 6 November 2024 (statehood).
- Jammu and Kashmir Reorganisation Act, 2019 took effect on 31 October 2019.
- Supreme Court's Article 370 verdict: 11 December 2023.
- J&K assembly elections, held after a decade-long gap, were conducted in 2024.