The story so far: The Supreme Court has recently sought a detailed response from the Centre on the issue of restoration of statehood to Jammu and Kashmir. Considering the significance of the principle of the separation of powers, the top court rightly said that it did not possess all the expertise and that there are some decisions to be made by the government. The court is hearing the plea in Zahoor Ahmed Bhat versus UT of Jammu and Kashmir. It has been argued that the failure to restore statehood to Jammu and Kashmir is affecting the rights of the citizens there. Another argument in this context is that it is also violating the essential features of federalism and thereby the basic structure of the Constitution.
There are three processes enshrined in the Constitution of India for creating States — admission, establishment and formation. For admission of a new State into the territory of India, the entity should have its own organised political unit. It is also required that admission through acquisition shall be guided by international law. This was the process by which Jammu and Kashmir was admitted into India’s territory through the Instrument of Accession in 1947. By executing this Instrument under the provisions of the Indian Independence Act, 1947, the then ruler of Kashmir, Maharaja Hari Singh agreed to accede his State to India.
