Supreme Court Upholds Cancellation of Special Status for Jammu and Kashmir
A 5-judge bench led by Chief Justice DY Chandrachud has unanimously upheld the cancellation of special status for Jammu and Kashmir. The Supreme Court has also ordered that steps be taken to hold elections in Jammu and Kashmir by September next year. Additionally, the court has called for the granting of full statehood to Jammu and Kashmir as soon as possible.
The most contentious question before the Supreme Court was whether the Central Government has the authority to divide a state into two Union Territories during the President’s rule. Legal experts and opposition leaders argue that this decision increases the central government’s control over the states and undermines the federal structure.
West Bengal Chief Minister Mamata Banerjee has accused the central government of withholding a significant amount of funds earmarked for various welfare schemes. The opposition has expressed concerns about the federalism of India being weakened by the centralization of power through this decision.
Article 3 of the Constitution provides for the creation of new states by merging or separating two or more states. The court’s decision notably upholds the creation of Ladakh as a Union Territory, stating that the Center has the right to create a Union Territory out of any State, even if the President is in power.
Opposition leaders and legal experts have voiced their disappointment with the court’s decision, expressing fears that it grants the Centre the right to unilaterally alter the constitution of the states. This development has raised concerns about the potential centralization of the country’s politics.
Constitutional law experts argue that the failure to address the issue of bifurcation of a state into a Union Territory effectively sidesteps the issue altogether. They contend that the court’s interpretation of Article 3 empowers the Central Government to take unilateral action to create new states and change state boundaries, potentially leading to the centralization of the country.
This decision has sparked nationwide debate and is likely to have far-reaching implications for the relationship between states and the central government in India.