🏛️ Understanding India’s Federal Structure: Lessons from the J&K Case

The ongoing debate around the restoration of Jammu & Kashmir’s statehood has brought India’s federal structure back into focus.

Our Constitution provides multiple ways to admit, establish, and form states:

Admission (Article 2): A foreign territory can join India, as J&K did in 1947 through the Instrument of Accession.

Establishment (Article 2): Territories like Goa and Sikkim were integrated, respecting both constitutional and international norms.

Formation (Article 3): Internal reorganization by Parliament, such as the creation of Telangana, Jharkhand, and Uttarakhand.

But the bigger question remains: Can India cede territory to another country?

This raises important constitutional and judicial questions—ones that have shaped our understanding of sovereignty and federalism.

The Supreme Court has reaffirmed that federalism is part of the basic structure of the Constitution, though India remains “federal in character but unitary in spirit.” This balance ensures unity while preserving diversity.

The case of J&K shows how constitutional provisions, political decisions, and judicial scrutiny all interact in defining the strength of India’s federalism.

🔎 Question to ponder: Is downgrading a state into a Union Territory in line with federal principles? Or does it tilt the balance too far toward centralization?

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