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Jammu and Kashmir Statehood Demand Stays in Focus
খবরে কেন?
J&K statehood debate: the Article 3 power behind the 2019 Act that Polity answers need
Debate on restoring J&K statehood continues; the 2019 Reorganisation Act used Parliament's Article 3 powers.
Why it matters: factual, Prelims-type
What you need to know
2 মিনিট
The demand for restoring statehood to Jammu and Kashmir continues to draw comment from political leaders and editorials.
The region was reorganised into the Union Territories of Jammu and Kashmir and Ladakh by the Jammu and Kashmir Reorganisation Act, 2019, which Parliament passed using its powers under Article 3 of the Constitution.
In its 2023 verdict on Article 370, the Supreme Court asked that statehood be restored at the earliest.
সূত্র: Topper IAS editorial (PIB / The Hindu / Indian Express)
মূল তথ্য
Remember these
- The Jammu and Kashmir Reorganisation Act, 2019 created the UTs of Jammu and Kashmir and Ladakh.
- Parliament used its power under Article 3 of the Constitution to pass the Act.
- Article 3 allows Parliament by law to form new States and alter areas, boundaries or names of existing States.
- Under Article 4, laws made under Articles 2 and 3 are not constitutional amendments under Article 368.
- In its 2023 verdict on Article 370, the Supreme Court asked that statehood be restored at the earliest.
প্রিলিমস · মেইনস
How the exam will ask it
প্রিলিমস
- Article 3 empowers Parliament to form a new State or alter the boundaries of an existing State by law.
- A law under Article 3 is not treated as a constitutional amendment under Article 368 (Article 4).
- The Jammu and Kashmir Reorganisation Act, 2019 converted the State into the Union Territories of Jammu and Kashmir and Ladakh.
মেইনস
GS-II Polity: the issue is the demand to restore J&K statehood after the State was reorganised into two Union Territories. Parliament acted under Article 3, which lets it alter a State's status by ordinary law, and the Supreme Court in 2023 asked that statehood be restored at the earliest. The implication is a federal question on how far Parliament can reshape States; the way forward lies in a clear, time-bound roadmap for restoration with consultation.
Quick recall
Answer before you reveal
Which provision of the Constitution empowers Parliament by law to form a new State or alter the boundaries of an existing State — the power used in the Jammu and Kashmir Reorganisation Act, 2019?
- Article 1
- Article 2
- Article 4
- Article 3
উত্তর দেখুন
উত্তর: D — Correct: Article 3 — Article 3 empowers Parliament to form new States and alter areas, boundaries or names of existing States, as used in the 2019 Act. • Article 1 — wrong: Article 1 declares India a Union of States and lists the States and territories, but does not give the power to reorganise them. • Article 2 — wrong: Article 2 concerns the admission or establishment of new States not already part of India. • Article 4 — wrong: Article 4 provides that laws under Articles 2 and 3 are not constitutional amendments under Article 368; it does not itself confer the power.
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