5 August 2026 marks seven years since the abrogation of Article 370 and the bifurcation of the erstwhile State of Jammu & Kashmir into the Union Territories of Jammu & Kashmir and Ladakh.

The editorial revisits the continuing debate over the restoration of statehood, democratic accountability and the evolving relationship between national security and constitutional governance.

Background

On 5 August 2019, the Government of India:

• Abrogated Article 370.
• Rendered Article 35A inoperative.
• Passed the Jammu and Kashmir Reorganisation Act, 2019.
• Created two Union Territories:
  • Jammu & Kashmir (with Legislature)
  • Ladakh (without Legislature)

Subsequently, the Supreme Court, in December 2023, upheld the constitutional validity of the abrogation while directing the Union Government to restore statehood to Jammu & Kashmir at the earliest.

Constitutional Provisions Involved

Article 370

• Granted special constitutional status to Jammu & Kashmir.
• Allowed the State to have its own Constitution.
• Limited Parliament’s legislative powers over the State.

Article 35A (Now Inoperative)

• Empowered the State Legislature to define permanent residents.
• Provided special rights regarding property ownership, employment and scholarships.

Jammu and Kashmir Reorganisation Act, 2019

• Converted the State into two Union Territories.
• Reduced the administrative autonomy enjoyed under statehood.

Why is Restoration of Statehood Being Demanded?

Several political and constitutional arguments support the demand.

1. Democratic Accountability

An elected State Government is directly accountable to the people.

However, under the present arrangement, significant executive powers remain with the Lieutenant Governor.

2. Strengthening Federalism

India follows a federal system with a strong Union.

Therefore, restoring statehood is viewed by many as reinforcing cooperative federalism while preserving national unity.

3. Administrative Efficiency

Local governments generally understand regional needs better.

Consequently, statehood may improve governance, public service delivery and policy implementation.

4. Political Representation

Statehood allows greater legislative autonomy and stronger political participation through an elected government.

Government’s Perspective

The Union Government has consistently maintained that the 2019 changes were necessary for:

• Better integration with the Union.
• Improved security.
• Faster economic development.
• Stronger governance.
• Elimination of constitutional dualism.

Moreover, the Government has stated that statehood will be restored at an appropriate time after normalcy and stability are firmly established.

Major Concerns

Democratic Deficit

The editorial argues that prolonged Union Territory status raises questions regarding representative governance and public accountability.

Balance Between Security and Liberty

National security remains an important consideration.

However, constitutional democracies must also protect civil liberties and democratic institutions.

Centre–State Relations

The issue has become a significant test of Indian federalism and constitutional balance.

Public Trust

Restoring confidence requires political participation, institutional transparency and inclusive governance.

Important Constitutional Developments

Significance for India

1. Test of Indian Federalism

The manner in which statehood is restored will influence Centre–State relations across India.

2. Democratic Governance

Representative institutions strengthen accountability and citizen participation.

3. Internal Security

A stable political process can complement security measures by improving public confidence.

4. Constitutional Credibility

Timely implementation of constitutional commitments reinforces trust in democratic institutions.

Challenges Ahead

• Balancing security with democratic freedoms.
• Restoring statehood without compromising stability.
• Addressing regional aspirations.
• Preventing cross-border terrorism.
• Ensuring economic development alongside political reconciliation.

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