Article 3
Why it Matters?
The reorganization of Jammu & Kashmir in 2019 led to its bifurcation into two Union Territories: J&K and Ladakh. Since then, political voices have increasingly demanded the restoration of J&K's statehood. However, any such move would require a new Act of Parliament and presidential recommendation as per Article 3 of the Constitution.
What You Should Know?
Jammu & Kashmir was reorganized into two Union Territories — J&K and Ladakh — through the J&K Reorganisation Act, 2019, passed on August 6, 2019.
J&K became the first state in India to be downgraded to a Union Territory.
The J&K Reorganisation Act places policing and public order under the Centre’s control.
The Act limits the J&K legislature from introducing fiscal, monetary, or taxation-related bills without the recommendation of the Lieutenant Governor (L-G).
As per Section 53 of the Act, the L-G has final discretion on all legislative and administrative matters in the Union Territory.
Restoration of statehood would reduce the L-G’s power and empower the elected Chief Minister and legislature of J&K.
Article 3
Article 3 of the Indian Constitution empowers Parliament to form a new state or change the area/name of a state or UT.
A bill under Article 3 can only be introduced on the recommendation of the President of India.
Before recommending the bill, the President must refer it to the concerned state legislature to express its views within a specified time.
The views of the state legislature are not binding on the President or Parliament.
No constitutional amendment is required to reorganize states under Article 3.