06 August 2025: Indian Express Editorial Analysis
1. Top Court to hear plea on J&K Statehood non-restoration
(Source: Page 14, The Indian Express)
| Topic: GS Paper 2: Polity and Governance (Federalism, Constitutional Provisions, Judiciary) |
| Context |
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Background:
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On August 5, 2019, Article 370 was abrogated, and the full-fledged State of Jammu & Kashmir was reorganized into two Union Territories: Jammu & Kashmir (with a legislature) and Ladakh (without a legislature).
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In 2023, a five-judge Constitution Bench of the Supreme Court upheld the constitutional validity of this move, citing that the President had the power to abrogate Article 370 under special circumstances.
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However, the Centre had then assured the Court that Statehood would be restored “at the earliest”.
Recent Developments:
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A new application, filed by Zahoor Ahmed Bhat and Khurshaid Ahmad Malik, argues that this restoration has not taken place despite a peaceful conduct of elections in J&K.
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The petition terms this delay as a violation of the federal structure, which is part of the Basic Structure of the Constitution.
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The petition also emphasizes the lack of any prevailing security or law-and-order issues that could justify continued Union Territory status.
Constitutional and Federalism Angle:
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Federalism, as enshrined in the Indian Constitution, involves distribution of powers between the Union and the States. Conversion of a State to a Union Territory without restoration challenges the principles of decentralization and autonomy.
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The prolonged UT status is seen by many as central overreach, raising questions about democratic representation and governance.
Judicial Review and Accountability:
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The Court’s role in overseeing the fulfilment of executive assurances is critical for constitutional governance.
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The case is important for understanding how the judiciary ensures compliance with federal commitments and democratic norms.
Implications:
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Any ruling or direction by the SC in this matter could have long-term ramifications for federal relations in India.
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It could also reignite debates on Centre-State dynamics and the constitutional limits of Union power over States and UTs.
| Practice Question: (Discuss the constitutional implications of prolonged Union Territory status for Jammu and Kashmir in light of the Supreme Court’s 2023 judgment on Article 370. How does this relate to the principles of federalism and democratic decentralization in India? |
Read more – 05 august 2025 : Indian Express Editorial Analysis
