RESTORATION OF JAMMU & KASHMIR'S STATEHOOD
Category: Legal News
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BACKGROUND
In 2019, Jammu and Kashmir ceased to be a state after the abrogation of Article 370 under the Jammu and Kashmir Reorganisation Act. The erstwhile state was carved out into two union territories, one Jammu and Kashmir and another Ladakh. The government at that time had assured that statehood will be restored in the due course, but it has remained to be in the same political status.
Now the petition is filed by teacher cum activist, who is expressing his concern over the government’s inaction with respect to the restoration of statehood of the Jammu and Kashmir.
KEY ASPECTS
DIRECTION TO RESTORE STATEHOOD
The petitioner put a point that no concrete steps have been taken by the Centre to fulfill the promises of restoring the statehood at the earliest. The citizen of the State can file a writ petition in the honorable court to direct the State to restore the Statehood and return the rights of the people residing within the State. They can be the part of the policy making and question the government in the event of violation of duties of the State.
PRESERVE THE BASIC STRUCTURE
The petitioner contends that the formation of the Legislative Assembly before the restoration of the Jammu and Kashmir State is against federalism. The non-restoration of the Jammu & Kashmir statehood is a violation of the federalism which is one of the basic structure of the constitution. The federalism ensures the division of the powers among the Centre, State and the Local Government. There is a division of powers ensuring the checks and balances in the administration of the State.
NO IMPEDIMENT OF SECURITY CONCERN
There was a peaceful conduct of the Assembly elections which recently took place in the Jammu and Kashmir. As there was no violence or the hurdle to the security concerns, the restoration of the Statehood can be made. This highlights the political needs of the people and their interests in the making of the State which they keep account on.
CONCLUSION
The Statehood plays an important role in the political setup where the State can ensure the rights of citizens are heard and also the opportunity for the people are given even at the grassroot level that contributes in the building of the nation and growth and development of the society politically, economically, socially and culturally.
OLQ is a Pan-India basis law firm connecting legal expertise nationwide.
WRITTEN BY: SOUJANYA V
GUIDED BY: ADVOCATE ANIK
