J&K Assembly passes resolution seeking restoration of statehood as BJP walks out
An elected House can ask for statehood, but only Parliament can grant it. What does the resolution change?
Published 29 September 2026. Written by Pratidin from the reports linked at the end; every fact checked by a separate review before publishing. How we work
On 28 September 2026, the Jammu and Kashmir Legislative Assembly passed by voice vote a resolution moved by Chief Minister Omar Abdullah seeking the immediate restoration of full statehood to the Union Territory, and asked that it be forwarded to the Government of India for action. Members of the Bharatiya Janata Party (BJP) walked out before the vote. Mr. Abdullah criticised the delay in restoring statehood and urged members to withdraw their amendments to the resolution, which they did before the voice vote. The BJP objected to the resolution's references to earlier Assembly resolutions of 26 June 2000 (on autonomy) and 6 November 2024 (on special status).
Jammu and Kashmir lost statehood in August 2019. A presidential order of 5 August 2019 applied the whole Constitution to the State, and a further order of 6 August declared all clauses of Article 370 except clause (1) inoperative. The Jammu and Kashmir Reorganisation Act, 2019, in force from 31 October 2019, split the State into two Union Territories: Jammu and Kashmir, with a legislature on the model of Article 239A (the provision used for Puducherry), and Ladakh, without one. The J&K legislature can make laws on State List subjects except public order and police, which stay with the Lieutenant Governor and the Centre.
On 11 December 2023, a five-judge Constitution Bench unanimously upheld the abrogation in In Re: Article 370 of the Constitution. It did not rule on whether a State could be turned into a Union Territory, because the Solicitor General said statehood would be restored; it directed that statehood be restored at the earliest and that Assembly elections be held by 30 September 2024. Elections were held in three phases in September and October 2024; the National Conference won 42 of 90 seats and the BJP 29, and Mr. Abdullah was sworn in on 16 October 2024. An Assembly resolution has no binding force: restoring statehood needs a law of Parliament under Articles 3 and 4. Supporters see the resolution as democratic pressure on the Centre; the BJP says it revives the pre-2019 special status debate.
Prelims facts
- The J&K Assembly passed a resolution by voice vote on 28 September 2026 seeking immediate restoration of statehood; BJP members walked out.
- The J&K Reorganisation Act, 2019 took effect on 31 October 2019 and created two UTs: J&K with a legislature on the Article 239A model, and Ladakh without one.
- The J&K legislature cannot make laws on public order and police.
- In In Re: Article 370 (11 December 2023) a five-judge bench upheld the abrogation, directed restoration of statehood at the earliest and elections by 30 September 2024.
- Only Parliament can restore statehood, by law under Articles 3 and 4; an Assembly resolution is not binding.
Quick recall
- When did the J&K Assembly pass the statehood resolution, and how?
- On 28 September 2026, by voice vote.
- Who moved the resolution?
- Chief Minister Omar Abdullah.
- When did the J&K Reorganisation Act, 2019 come into force?
- 31 October 2019.
- Which Article's model governs the legislature of the UT of J&K?
- Article 239A, originally used for Puducherry.
- Which subjects are outside the J&K Assembly's law-making power?
- Public order and police.
- When did the Supreme Court decide In Re: Article 370?
- 11 December 2023, by a five-judge Constitution Bench.
- By when did the Supreme Court direct Assembly elections in J&K?
- 30 September 2024.
- Which Article says a law under Article 3 is not an amendment under Article 368?
- Article 4.
Prelims practice question
Consider the following statements regarding the Union Territory of Jammu and Kashmir:
1. Its Legislative Assembly can make laws on 'police' and 'public order'.
2. It has a legislature under a framework based on Article 239A of the Constitution.
3. Restoration of its statehood requires a law made by Parliament.
Which of the statements given above are correct?
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
Show answer
Answer: (b) 2 and 3 only. Statement 1 is wrong: the Reorganisation Act keeps public order and police outside the Assembly's law-making power. Statements 2 and 3 are correct: the Act applies the Article 239A model, and a change in status needs a parliamentary law under Articles 3 and 4.
Use this in UPSC Mains: previous-year questions
Recurring theme: Asymmetric federalism and the Union's power over the status of States
- How to use this
Use J&K as the sharpest recent case of asymmetric arrangements being dismantled and of a pending federal dispute that needs a clearer resolution path.
- Orders of 5 and 6 August 2019 applied the whole Constitution to J&K and made Article 370 inoperative except clause (1); the Reorganisation Act, 2019 created two UTs, Ladakh without a legislature.
- In In Re: Article 370 (11 December 2023) five judges upheld the abrogation, left open whether a State can be made a UT, and directed restoration of statehood at the earliest.
- On 28 September 2026 the Assembly sought immediate statehood by voice vote; the resolution is not binding, so a time-bound roadmap and dialogue are suggested to resolve the dispute.
- How to use this
Use J&K's conversion into Union Territories as the strongest illustration of the Constitution's tilt towards the Centre in shaping the very existence of States.
- Under Articles 3 and 4 Parliament can alter a State's status by ordinary law, not an Article 368 amendment; the J&K Reorganisation Act, 2019 split the State into two UTs from 31 October 2019.
- The J&K legislature, modelled on Article 239A, cannot legislate on public order and police, which remain with the Lieutenant Governor and the Centre.
- The Assembly's 28 September 2026 statehood resolution has no binding force; only Parliament can restore statehood.
- How to use this
Use it as a live Centre-State issue: an elected UT government with limited powers seeking statehood, and the trust deficit from delay.
- The Omar Abdullah government (National Conference won 42 of 90 seats; sworn in 16 October 2024) passed a resolution on 28 September 2026 seeking immediate statehood; BJP members walked out.
- The LG holds police and public order, blurring the accountability of the elected government, while the Court in December 2023 directed statehood be restored at the earliest.
- Trust-building measures: a time-bound roadmap, phased transfer of subjects with clear security coordination, and dialogue involving both regions and all parties.
Mains practice question
The Jammu and Kashmir Assembly has again sought the restoration of statehood. Examine the constitutional process for restoring statehood and the implications of the delay for federalism. (250 words)
Model answer
On 28 September 2026 the J&K Assembly passed a resolution seeking immediate restoration of full statehood, nearly two years after it was elected.
Constitutional process
- Article 3: Parliament may form new States or alter their status by law; the Bill needs the President's recommendation.
- Article 4: such a law is not a constitutional amendment under Article 368, so a simple majority suffices.
- The J&K Reorganisation Act, 2019 would have to be amended or replaced to recreate the State.
- An Assembly resolution only expresses the House's view; it is not binding.
Judicial backdrop
- In Re: Article 370 (11 December 2023): five judges upheld abrogation, left open whether a State can be reduced to a UT, recorded the Solicitor General's assurance and directed statehood at the earliest.
Implications of delay for federalism
- Dual control: the LG holds police and public order, blurring accountability of the elected government.
- Precedent: reducing a State to a UT, even temporarily, is unprecedented and raises federal concerns.
- Democratic legitimacy: an elected government with limited powers can erode trust.
- Security argument: the Centre cites the need for stable security before transfer.
Way forward
- A time-bound roadmap, as the Court's assurance implied.
- Phased transfer of subjects with clear coordination on security.
- Dialogue including Jammu and Kashmir regions and all parties.
Restoring statehood would honour both the Court's direction and India's commitment to cooperative federalism.
The basics
Why this matters
India has created many States out of Union Territories, but Jammu and Kashmir in 2019 was the first State turned into a Union Territory. How statehood can be restored, who decides and what the Supreme Court said are core questions on federalism for UPSC.
From State to Union Territory
- 26 June 2000State Assembly passes a resolution on autonomy
- 5 to 6 August 2019Presidential orders apply the whole Constitution and make Article 370 inoperative except clause (1)
- 31 October 2019J&K Reorganisation Act, 2019 takes effect: two Union Territories
- 11 December 2023Supreme Court upholds abrogation and directs statehood at the earliest
- October 2024Assembly elections held; Omar Abdullah sworn in as Chief Minister on 16 October
- 28 September 2026Assembly passes a resolution seeking immediate restoration of statehood
What a Union Territory with a legislature means
Under the Jammu and Kashmir Reorganisation Act, 2019, J&K has an elected Assembly on the model of Article 239A and Union Territories with legislatures. It is not the same as a State.
- Governor acts on the advice of the council of ministers in most matters
- Legislature can make laws on all State List subjects
- Police and public order under the State government
- Lieutenant Governor appointed by the President
- Assembly can legislate on State List subjects except public order and police
- Police and public order with the LG and the Centre
Who can restore statehood
Only Parliament can change the status of a State or Union Territory. It does so under Articles 3 and 4: Parliament's power over States. An Assembly resolution is a political signal, not a legal step.
- 1DecisionUnion government decides to restore statehood
- 2BillA Bill is introduced in Parliament on the President's recommendation under Article 3
- 3PassagePassed by a simple majority; Article 4 says it is not a constitutional amendment under Article 368
- 4EffectThe Reorganisation Act is amended or replaced and the State is recreated
What the Supreme Court said
In In Re: Article 370 judgment, the Court upheld the abrogation but relied on the Centre's assurance that statehood would return, and directed that it be restored at the earliest.
The takeaway
The resolution shows the elected government's demand. The legal decision still lies with the Centre and Parliament.
Go deeper
In one line: The elected J&K Assembly has formally asked the Centre to restore full statehood, but only Parliament can do so by law.
Why it matters for UPSC
It brings together Articles 3 and 4, Union Territories with legislatures, the Article 370 judgment and asymmetric federalism. Mains questions on federalism and Centre-State trust can use it; Prelims can test the Articles and dates.
The core idea
The Jammu and Kashmir Reorganisation Act, 2019 turned the State into two Union Territories. J&K got a legislature on the model of Article 239A and Union Territories with legislatures, with police and public order kept with the Lieutenant Governor. In the In Re: Article 370 judgment the Supreme Court upheld the abrogation and directed statehood at the earliest. Restoring it needs Parliament to act under Articles 3 and 4: Parliament's power over States; the resolution is political pressure.
Numbers and dates to remember
- 28 September 2026: resolution passed by voice vote; BJP members walked out.
- 5 and 6 August 2019: presidential orders on Article 370.
- 31 October 2019: Reorganisation Act in force.
- 11 December 2023: five-judge Supreme Court verdict.
- 30 September 2024: deadline the Court set for elections.
- 42, 29, 6, 3: seats of the NC, BJP, Congress and PDP in the 90-seat Assembly.
Where to go next
- Jammu and Kashmir Reorganisation Act, 2019: the law that created two Union Territories.
- Article 239A and Union Territories with legislatures: how a UT Assembly differs from a State's.
- In Re: Article 370 judgment: what the Supreme Court held and left open.
- Articles 3 and 4: Parliament's power over States: how statehood can be restored.
Go deeper: why the delay, and does it matter?
For early restoration. The Supreme Court recorded the Centre's assurance and directed statehood at the earliest in the In Re: Article 370 judgment. Elections were held, and an elected government has been in office since October 2024. Under the Jammu and Kashmir Reorganisation Act, 2019, the Lieutenant Governor controls police and public order, so voters cannot hold their elected government fully accountable. Critics add that turning a State into a UT, even temporarily, weakens the idea that States are more than administrative units of the Union, a point the Court chose not to decide.
For caution. The Centre has pointed to security needs in a border region with a history of militancy. It argues that a phased transfer avoids gaps in coordination between the police and the elected government. The BJP also objected to the resolution's references to the autonomy resolution of 2000 and the special status resolution of 2024, saying they revive the pre-2019 debate.
Comparisons. Delhi's experience under Article 239AA shows how disputes arise when an elected government shares power with an LG; J&K's current model under Article 239A and Union Territories with legislatures gives the Assembly even less. History also runs the other way: Himachal Pradesh, Manipur, Tripura and Goa were Union Territories that became States by laws under Articles 3 and 4: Parliament's power over States.
Jammu and Kashmir Reorganisation Act, 2019
The law that split the State into two Union Territories.
In one line: The Jammu and Kashmir Reorganisation Act, 2019 divided the State of Jammu and Kashmir into two Union Territories from 31 October 2019.
What it did
Parliament passed the Act in August 2019 (the Rajya Sabha on 5 August and the Lok Sabha on 6 August). It created the Union Territory of Jammu and Kashmir, with an elected Legislative Assembly, and the Union Territory of Ladakh (Leh and Kargil districts), administered by a Lieutenant Governor without a legislature. It applied Article 239A to J&K. The Assembly can legislate on State List subjects except public order and police, and the LG can promulgate ordinances. The Act also abolished the State's Legislative Council.
Why it is in the news
Restoring statehood would require Parliament to amend or replace this Act. The Assembly's resolution asks the Centre to begin that process.
Where to go next
- Article 239A and Union Territories with legislatures
- Articles 3 and 4: Parliament's power over States
Article 239A and Union Territories with legislatures
How a UT Assembly differs from a State legislature.
In one line: Article 239A lets Parliament create a legislature and council of ministers for certain Union Territories, first used for Puducherry.
How UTs are run
Under Article 239, every Union Territory is administered by the President through an administrator. Article 239A, inserted by the 14th Amendment in 1962, allows Parliament to give some UTs an elected legislature. Delhi has a separate provision, Article 239AA, inserted by the 69th Amendment in 1991, which keeps public order, police and land outside the Delhi Assembly's powers.
Why it matters for J&K
The Reorganisation Act applied the Article 239A model to J&K. The elected Assembly can make laws, but its powers are narrower than those of a State, and the Lieutenant Governor, not the Chief Minister, controls police and public order. That is why the elected government says full statehood is needed for real accountability.
Where to go next
In Re: Article 370 judgment
What the Supreme Court held and what it left open.
In one line: On 11 December 2023, a five-judge Constitution Bench unanimously upheld the abrogation of Article 370 and directed that statehood be restored at the earliest.
What the Court held
The Court held that Article 370 was a temporary provision and that the President had the power to declare it inoperative. It upheld the carving out of Ladakh as a Union Territory. It did not decide whether Parliament could convert the rest of the State into a Union Territory, because the Solicitor General said statehood would be restored. It directed the Election Commission to hold Assembly elections by 30 September 2024. Justice Sanjay Kishan Kaul recommended a commission to look into human rights violations since the 1980s.
Why it is in the news
The Assembly's resolution relies on this direction. The Chief Minister has pointed to the time that has passed since the verdict and the elections.
Where to go next
- Articles 3 and 4: Parliament's power over States
- Jammu and Kashmir Reorganisation Act, 2019
Articles 3 and 4: Parliament's power over States
How statehood can be created, altered or restored.
In one line: Article 3 lets Parliament, by ordinary law, form new States, change their areas, boundaries or names; Article 4 says such laws are not constitutional amendments.
The procedure
A Bill under Article 3 can be introduced only on the President's recommendation. If it affects a State, the President refers it to that State's legislature for its views within a set time, but Parliament is not bound by them. Article 4 says the law can make consequential changes to the First and Fourth Schedules and is not an amendment under Article 368, so a simple majority is enough.
Why it is in the news
Turning the UT of J&K back into a State would be done by a law of this kind. History offers examples of UTs that became States, such as Himachal Pradesh, Manipur, Tripura and Goa.
Where to go next
Prelims-style quiz
Consider the following statements about Article 3 of the Constitution:
1. A Bill under Article 3 can be introduced in Parliament only on the recommendation of the President.
2. The views of the affected State legislature, when sought, are binding on Parliament.
3. A law under Article 3 must be passed by the special majority required under Article 368.
How many of the statements given above are correct?- Only one
- Only two
- All three
- None
Show answer
Answer: (a) Only one. Only statement 1 is correct. The State legislature's views are not binding. Article 4 says such laws are not amendments under Article 368, so a simple majority is enough.
Consider the following statements about the Supreme Court's judgment in In Re: Article 370 of the Constitution (2023):
1. It was delivered by a five-judge Constitution Bench.
2. It upheld the abrogation of Article 370.
3. It held that Parliament can permanently convert any State into a Union Territory.
4. It directed the Election Commission to hold Assembly elections by 30 September 2024.
How many of the statements given above are correct?- Only one
- Only two
- Only three
- All four
Show answer
Answer: (c) Only three. Statements 1, 2 and 4 are correct. Statement 3 is wrong: the Court did not decide whether a State can be converted into a UT, relying instead on the Solicitor General's statement that statehood would be restored.
Consider the following statements:
Statement-I: The resolution passed by the Jammu and Kashmir Assembly on 28 September 2026 does not by itself restore statehood.
Statement-II: Under the Constitution, the status of a State or Union Territory can be changed only by a law made by Parliament.
Which one of the following is correct in respect of the above statements?- Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
- Both Statement-I and Statement-II are correct and Statement-II does not explain Statement-I
- Statement-I is correct but Statement-II is incorrect
- Statement-I is incorrect but Statement-II is correct
Show answer
Answer: (a) Both Statement-I and Statement-II are correct and Statement-II explains Statement-I. Both are correct, and Statement-II explains Statement-I: Articles 3 and 4 give Parliament the power, so an Assembly resolution is only a recommendation.
Article 239AA, which provides special provisions for a legislature and council of ministers, applies to which one of the following?
- Puducherry
- Jammu and Kashmir
- National Capital Territory of Delhi
- Ladakh
Show answer
Answer: (c) National Capital Territory of Delhi. Article 239AA, inserted by the 69th Amendment, applies to the NCT of Delhi. Puducherry's legislature rests on Article 239A, whose model the J&K Reorganisation Act applies to J&K. Ladakh has no legislature.
Consider the following statements about the 2024 Jammu and Kashmir Assembly election:
1. It was held in three phases.
2. The National Conference won a majority of the 90 seats on its own.
Which of the statements given above is/are correct?- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: (a) 1 only. Statement 1 is correct: polling was on 18 September, 25 September and 1 October 2024. Statement 2 is wrong: the National Conference won 42 of 90 seats, short of the 46 needed for a majority on its own.