"J&K Assembly Resolution Demands Restoration of Full Statehood"
Union Territory with legislature
a UT that has its own elected Assembly but where Parliament retains overriding legislative power.
Lieutenant Governor (LG)
the Centre-appointed head of a UT with legislature, holding independent authority over specified subjects.
Jammu and Kashmir's transformation from a full state into a Union Territory took place through the Jammu and Kashmir Reorganisation Act, 2019, passed under Article 3 of the Constitution. This Act split the erstwhile state into two Union Territories: Jammu and Kashmir (with a legislature) and Ladakh (without one). The reorganisation went along with the effective abrogation of Article 370 through Presidential Orders issued under its own clause (3). Article 370 had given J&K a distinct constitutional relationship with the Union since 1949.
Article 3, the provision used to alter a state's boundaries or status, carries a lighter procedural requirement than the proviso to Article 368. That proviso requires ratification by at least half of the State Legislatures for changes to the Seventh Schedule's Union List, the extent of a state's executive power, or the representation of states in Parliament. A Bill under Article 3 only needs the President to send it to the affected state legislature for its views, and those views are not binding on Parliament. This procedural ease is one reason J&K's downgrade, despite its political weight, could be carried out through an ordinary parliamentary majority.
The demand for restoration has precedent elsewhere. Tripura moved from a Part 'C' State to a Union Territory in the 1956 states reorganisation, and later became a full state in 1972. Sikkim took a different route, becoming an Associate State under the 35th Amendment before attaining full statehood through the 36th Amendment in 1975. J&K's path runs the other way: a full state reduced to Union Territory status, with restoration still pending. The Supreme Court's Constitution Bench, in its December 2023 verdict, upheld the abrogation of Article 370 as valid, but directed that Assembly elections be held by a fixed deadline and that statehood be restored 'at the earliest'.
A Union Territory with a legislature has a materially different design from a full state. States exercise legislative competence over the State List and share the Concurrent List with the Union under the Seventh Schedule. A UT with a legislature is instead governed under Article 239A (applicable to J&K and Puducherry) or Article 239AA (Delhi), and Parliament keeps the power to legislate for it even on State List subjects. The Lieutenant Governor in such a UT does not function like a state Governor bound by the aid and advice of an elected Council of Ministers on all matters. Under the J&K Reorganisation Act, the LG holds independent authority over subjects such as public order, police, and All India Services, regardless of what the elected government wants. …
Consider the following pairs:
State : Description
I.Arunachal Pradesh : The capital is named after a fort, and the State has two National Parks
II.Nagaland : The State came into existence on the basis of a Constitutional Amendment Act
III.Tripura : Initially a Part 'C' State, it became a centrally administered territory with the reorganization of States in 1956 and later attained the status of a full-fledged State
How many of the above pairs are correctly matched?
Consider the following subjects under the Constitution of India:
I.Seventh Schedule in List I - Union List
II.Extent of the executive power of a State
III.Conditions of the Governor's office
For a constitutional amendment with respect to which of the above, ratification by the Legislatures of not less than one-half of the States is required before presenting the bill to the President of India for assent?
Discuss the nature of Jammu and Kashmir Legislative Assembly after the Jammu and Kashmir Reorganization Act, 2019. Briefly describe the powers and functions of the Assembly of the Union Territory of Jammu and Kashmir.
Consider the following pairs: I. Tripura : Part 'C' State that became a Union Territory in 1956 and later attained full statehood in 1972. II. Sikkim : Became an Associate State through a constitutional amendment before attaining full statehood via a subsequent amendment in 1975. III. Jammu and Kashmir : Reorganised from a full State into two Union Territories in 2019, with restoration of statehood yet to occur. How many of the above pairs are correctly matched?
Which of the following require ratification by not less than one-half of the State Legislatures before a constitutional amendment Bill affecting them is presented to the President for assent?
1.Representation of States in Parliament
2.Manner of election of the President
3.Reorganisation of a State's boundaries under Article 3
Select the correct answer using the codes below.
Consider the following statements about Union Territories with a legislature in India: 1. All such Union Territories are governed under Article 239A. 2. Delhi is governed under a distinct provision, Article 239AA, which grants it powers not available to other Union Territories with a legislature. 3. The Lieutenant Governor's powers in such Union Territories are broadly analogous to a Governor's powers in a full State. Which of the statements given above is/are correct?
With reference to the Supreme Court's Constitution Bench judgment on Jammu and Kashmir's constitutional status (December 2023), consider the following statements: 1. It declared the abrogation of Article 370 unconstitutional. 2. It directed that Assembly elections be held by a stipulated deadline. 3. It directed that statehood be restored 'as soon as possible'. Which of the statements given above is/are correct?
Consider the following statements about the current governance structure of the Union Territory of Jammu and Kashmir: 1. The Lieutenant Governor exercises independent authority over subjects like police and public order, irrespective of the aid and advice of the Council of Ministers. 2. The J&K Legislative Assembly can legislate on all Concurrent List subjects without any Union oversight. 3. Ladakh, unlike Jammu and Kashmir, is a Union Territory without a legislature. Which of the statements given above is/are correct?
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