In a defining judgment, the Supreme Court of India has upheld the Parliament’s power to restructure states, specifically endorsing the formation of the Union Territory of Ladakh from the former state of Jammu and Kashmir. This ruling is a crucial part of the court’s decision on the revocation of Article 370, which previously granted special status to Jammu and Kashmir. The verdict was delivered by a five-judge bench, headed by Chief Justice of India DY Chandrachud and comprising Justices B R Gavai, Surya Kant, Sanjay Kishan Kaul, and Sanjiv Khanna.
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The bench referred to Article 3(a) of the Constitution, which empowers the Parliament to
“form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State.”
Importantly, the court clarified that the views of the state legislature in such matters are only recommendatory and not binding on Parliament. This interpretation aligns with the precedent established in the 1959 case of Babulal Parate v. State of Bombay.
Justice Sanjiv Khanna, in his concurring judgment, highlighted the gravity of converting a state into a Union Territory, stating,
“Conversion of a State into Union Territory has grave consequences, amongst others, it denies the citizens of the State an elected state government and impinges on federalism. Conversion/creation of a Union Territory from a State has to be justified by giving very strong and cogent grounds. It must be in strict compliance with Article 3 of the Constitution of India.”
The court also addressed the President’s authority under Article 370(1)(d), affirming that the state government’s concurrence was not necessary for the President to apply all provisions of the Constitution to Jammu and Kashmir.
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“The concurrence of the Government of the State was not necessary for the President to exercise power under Article 370(1)(d) to apply all provisions of the Constitution to Jammu and Kashmir. The exercise of power by the President under Article 370(1)(d) to issue CO 272 is not mala fide. Thus, CO 272 is valid to the extent that it applies all the provisions of the Constitution of India to the State of Jammu and Kashmir,”
the court stated.
While the Supreme Court upheld the creation of the Union Territory of Ladakh, it refrained from delving into the broader issue of the conversion of the state of Jammu and Kashmir into a Union Territory. This restraint was due to the Union Government’s assurance that the statehood of Jammu and Kashmir (without Ladakh) would be restored at the earliest.
This landmark ruling not only affirms the Parliament’s authority in state reorganization but also addresses significant aspects of federalism and representative democracy, particularly in the context of the sensitive and complex region of Jammu and Kashmir.
