J&K Assembly Passes Resolution Seeking Full Statehood: How a Union Territory Can Become a State Again
On 28 September 2026, the Legislative Assembly of the Union Territory of Jammu and Kashmir (J&K) passed a resolution asking the Government of India for the "immediate and urgent restoration of full statehood" to J&K.
The resolution was moved by the Chief Minister. It said it was "in addition to" two earlier resolutions of the House: one of 26 June 2000 (on greater autonomy) and one of 6 November 2024 (on restoring special status). The House resolved to send the resolution to the Government of India.
The resolution was passed by voice vote (members say "yes" or "no" aloud and the Speaker decides which side is louder) after opposition members walked out. Some members were removed from the House by marshals (the security staff of the Assembly) for disrupting the proceedings.
A resolution of a Union Territory Assembly is not binding on the Centre. Only Parliament can change J&K's status, by passing a law.
J&K has been a Union Territory since 31 October 2019, under the Jammu and Kashmir Reorganisation Act, 2019. In December 2023, the Supreme Court recorded the Centre's assurance that statehood would be restored "at the earliest and as soon as possible". Petitions asking the Court to set a timeline for this have been pending before it.
Constitutional Framework for Union Territories (Part VIII, Articles 239–241)
A Union Territory (UT) is an area of India that is governed directly by the Central Government, not by its own state government. The President runs each UT through an officer called the Administrator (in some UTs called the Lieutenant Governor). The rules for UTs are in Part VIII of the Constitution, Articles 239 to 241. As of 2026, India has 28 states and 8 Union Territories.
J&K is now a UT with a legislature, so its elected government works alongside a Lieutenant Governor who controls police and public order. The Assembly's resolution asks the Centre to move J&K from this UT model back to a full state. That can happen only through a law made by Parliament.
Jammu and Kashmir Reorganisation Act, 2019
The Jammu and Kashmir Reorganisation Act, 2019 is the law passed by Parliament that divided the former state of Jammu and Kashmir into two Union Territories. The UT of Jammu and Kashmir has an elected Legislative Assembly, while the UT of Ladakh does not. Both UTs came into being on 31 October 2019. The Act was passed along with the steps that ended the special status given by Article 370.
Full statehood would mean Parliament amending or replacing this Act. The Assembly's resolution asks for exactly that, so that J&K's elected government gets full control, including over police and public order.
Article 3 of the Constitution: Parliament's Power to Reorganise States
Article 3 gives Parliament the power to form new states, change the area or boundaries of a state, or change its name. It does this by an ordinary law passed by a simple majority, not by a constitutional amendment. The explanation to Article 3 says that "State" includes a Union Territory for clauses (a) to (e), so Parliament can also create a state out of a UT.
The Assembly's resolution is only a request. The actual power to restore J&K's statehood lies with Parliament under Article 3, through a new reorganisation law.
- Resolution passed: 28 September 2026, by voice vote, in the J&K Legislative Assembly
- Earlier Assembly resolutions referred to: 26 June 2000 (autonomy) and 6 November 2024 (special status)
- J&K became a Union Territory: 31 October 2019 (J&K Reorganisation Act, 2019)
- Supreme Court verdict upholding removal of Article 370: 11 December 2023; elections ordered by 30 September 2024
- J&K Assembly: 114 seats in law, 24 kept vacant for PoJK, 90 elected (9 ST, 7 SC)
- India has 28 states and 8 UTs; 3 UTs have legislatures (Delhi, Puducherry, J&K)
- Part VIII of the Constitution: Articles 239–241
- A UT can become a state by an ordinary law of Parliament under Article 3 (simple majority)