A State Downgraded, a Promise Pending: The Renewed Demand to Restore Jammu and Kashmir
Six years after reorganisation, an elected government presses for the statehood the Centre and the Supreme Court both said would be restored
What happened
This is federalism observed at its most sensitive edge, where an aspirant can watch the difference between de-facto self-government and de-jure statehood play out in real time. Jammu and Kashmir has an elected assembly and a Chief Minister but not the constitutional status of a state, and the gap between those two conditions — and the unusual fact that a state was converted into a Union Territory rather than the reverse — is what makes the demand a live constitutional question rather than a merely political one.
Full state vs Union Territory with a legislature: the gap Jammu and Kashmir occupies
| Feature | Full state | UT with legislature (present J&K) |
|---|---|---|
| Elected assembly | Yes | Yes |
| Head | Governor (nominal) | Lieutenant Governor (wider powers) |
| Police & public order | State subject | Retained by the Union |
| Change of status needs | Act of Parliament under Article 3 | Act of Parliament under Article 3 |
Source: Constitution of India, Article 3; Jammu and Kashmir Reorganisation Act, 2019
The constitutional mechanism is Article 3, which empowers Parliament by law to form new states, alter boundaries, and diminish the area of a state — and the Reorganisation Act of 2019 used it in an unprecedented way, converting a full state into two Union Territories.
●A Union Territory with a legislature, like the present Jammu and Kashmir or like Puducherry and Delhi, has an elected assembly but a Lieutenant Governor with wider powers than a state Governor, and the Union retains control over subjects such as police and public order that a full state controls.
●Restoring statehood would require another Act of Parliament under Article 3, reversing the downgrade.
●Two authoritative statements bear on the demand: the Union government told the Supreme Court that Union Territory status was temporary, and the Court in its December 2023 judgment in the Article 370 matter recorded that submission and expected statehood to be restored, while directing that assembly elections be held.
●Elections have since produced an elected government, but statehood has not followed.
Jammu and Kashmir today has an elected assembly but not the status of a state — self-government without statehood, a gap only a fresh Act of Parliament under Article 3 can close.
◎ In Simple Words
In 2019 the region of Jammu and Kashmir, which was a full state, was split into two Union Territories directly controlled to a greater degree by the central government. People were told this change would be temporary and that statehood would be given back. There is now an elected local government there again, but it still does not have the full powers of a state — for example, control over police and law and order. Its leaders are now asking the central government to pass a law in Parliament restoring full statehood.
Factual Pointers
Practice · 2 questions
Under which constitutional provision would Parliament restore statehood to the Union Territory of Jammu and Kashmir?
Which one of the following correctly distinguishes a Union Territory with a legislature from a full state?
Mains Practice Questions
The reorganisation of Jammu and Kashmir reversed the normal direction of Indian federal development. Examine its constitutional significance and the case for restoring statehood.
An elected government without control over police and public order faces a structural accountability gap. Discuss with reference to Union Territories with legislatures.
Where authoritative commitments to restore statehood exist, the question shifts from whether to when. Analyse the constitutional and political dimensions of restoring statehood to Jammu and Kashmir.
MCQ Practice
3 questions on this article
With trap analysis, approach guide, and UPSC angle
Essay Questions
Frequently Asked
· People also askWhat is the current demand regarding Jammu and Kashmir's statehood?
National Conference leaders have demanded that the Centre introduce and pass a bill in the ongoing session of Parliament to restore full statehood to Jammu and Kashmir, which has functioned as a Union Territory with a legislature since the 2019 reorganisation. The demand followed a protest by the party leadership, including the Chief Minister, at Jantar Mantar.
GS2 · FederalismRestoring statehood requires a fresh Act of Parliament under Article 3, which needs only a simple majority — so the obstacle is political will and timing, not a constitutional supermajority.
SOURCE The Hindu, July 2026
How was Jammu and Kashmir reorganised in 2019?
The Jammu and Kashmir Reorganisation Act, 2019 converted the former state into two Union Territories — Jammu and Kashmir with a legislature, and Ladakh without one. It was the first time in independent India that a full state was downgraded to Union Territory status, reversing the usual direction of federal reorganisation.
GS2 · PolityThe Act was passed alongside the abrogation of the special status under Article 370, though statehood and special status are distinct questions, the former concerning constitutional rank and the latter a now-removed autonomy.
SOURCE Jammu and Kashmir Reorganisation Act, 2019
What is the difference between the present Jammu and Kashmir and a full state?
As a Union Territory with a legislature, Jammu and Kashmir has an elected assembly and a Chief Minister, but its Lieutenant Governor holds wider powers than a state Governor, and the Union retains control over subjects such as police and public order that a full state ordinarily controls.
GS2 · Union TerritoriesThis is the Delhi-Puducherry model in a sharper form, and the gap between elected self-government and full statehood is the substance of the current demand.
SOURCE Constitution of India
Did the Supreme Court say statehood would be restored?
In its December 2023 judgment upholding the abrogation of Article 370, the Court recorded the Union government's submission that Union Territory status was temporary, and directed that assembly elections be held. It expected statehood to be restored but was cautious about mandating a timeline, treating that as a matter for the political executive.
GS2 · JudiciaryThis is why the demand is pursued through Parliament and public protest rather than solely through litigation: a constitutional expectation exists without a judicially enforceable deadline.
SOURCE Supreme Court judgment in the Article 370 matter, December 2023
Why is the 2019 reorganisation considered unprecedented?
Because it converted a full state into Union Territories, reversing the normal direction of Indian federalism, which has overwhelmingly created states and enlarged self-government — from the linguistic reorganisation of 1956 to the formation of Telangana in 2014. Jammu and Kashmir is the only instance of a state being downgraded.
GS2 · Federal evolutionThis reversal is why proponents frame restoration as a return to the constitutional norm rather than a novel concession, giving the demand a distinct constitutional character.
SOURCE Constitution of India, Article 3; reorganisation history