‘Will protest at Jantar Mantar’: JK Dy CM Choudhary warns Modi Govt over statehood delay

Jammu & Kashmir Deputy Chief Minister Surinder Kumar Choudhary warned that the ruling party in J&K will stage a protest at Jantar Mantar, New Delhi, if the U...

What Happened

Jammu & Kashmir Deputy Chief Minister Surinder Kumar Choudhary warned that the ruling party in J&K will stage a protest at Jantar Mantar, New Delhi, if the Union government does not fulfil its promise of restoring statehood to the Union Territory.
J&K has been governed as a Union Territory with a legislature since October 31, 2019 — following its reorganisation under the Jammu and Kashmir Reorganisation Act, 2019. Elections were held in late 2024, but the Union government has not yet acted to restore full statehood.
The Deputy CM cited adverse consequences of the delay: reduced funding compared to full-fledged states, unresolved developmental issues, and persistent unemployment.
The protest roadmap — including seeking opposition support and inviting J&K BJP legislators to join the agitation — signals the statehood demand is crossing party lines and becoming a cross-partisan constitutional issue.

Static Topic Bridges

Article 370 and the Abrogation Process (August 2019)

Article 370 of the Constitution accorded special autonomous status to the erstwhile State of Jammu and Kashmir, making most provisions of the Indian Constitution applicable to J&K only with the concurrence of the State government. It was inserted as a temporary provision (Part XXI of the Constitution).

Article 370 was abrogated through Presidential Order C.O. 272, issued on August 5, 2019, under Article 370(3), which required a recommendation from the Constituent Assembly of J&K — the President treated the Rajya Sabha (sitting as the legislature of J&K under President's Rule, with the State Assembly suspended) as equivalent to the State legislature.
The Rajya Sabha passed the resolution recommending revocation of Article 370 on August 5, 2019 (125 votes for, 61 against); the Lok Sabha passed it on August 6, 2019 (370 for, 70 against).
Article 35A, which had empowered the J&K legislature to define "permanent residents" and restrict property rights of non-residents, was simultaneously rendered inoperative.
The Supreme Court's Constitution Bench, in its December 2023 judgment in In Re: Article 370 of the Constitution (also known as Dr. Shah Faesal v. Union of India), unanimously upheld the abrogation of Article 370.

Connection to this news: The abrogation of Article 370 in 2019 was the foundational act that led to J&K's reorganisation and loss of statehood. The current demand for restoration is directly consequential to these constitutional changes.

Jammu and Kashmir Reorganisation Act, 2019 — Parliamentary Power Under Article 3

The Jammu and Kashmir Reorganisation Act, 2019 (enacted under Article 3 of the Constitution) bifurcated the erstwhile State of Jammu and Kashmir into two Union Territories: (1) the Union Territory of Jammu & Kashmir (with a legislature), and (2) the Union Territory of Ladakh (without a legislature). The Act came into effect on October 31, 2019.

Article 3 of the Constitution empowers Parliament to form a new State by separation, merger, or alteration of area, boundaries, or names of existing States. It also permits Parliament to create or dissolve Union Territories or alter their boundaries.
The procedure under Article 3 requires the President to refer the Bill to the concerned State Legislature for its views — but Parliament is not bound by those views. In J&K's case, the State Assembly was under suspension (Governor's Rule since June 2018, then President's Rule from December 2018), so Parliament proceeded without an active State Legislature.
Union Territories with legislature (like J&K and Puducherry) are governed under Part VIII (Articles 239–241) and relevant schedules of the Constitution. They differ from full States in that the Centre retains overriding legislative and executive authority.
The J&K Lieutenant Governor retains significant powers even in areas where the elected government operates — a key distinction from the Governor's limited role in full States.

Connection to this news: Restoring statehood to J&K would require Parliament to again exercise its power under Article 3, passing a new reorganisation bill to upgrade J&K from a Union Territory with legislature back to a full State — a significant constitutional and political step.

Union Territories vs. States: Governance Differences

Under the Indian constitutional framework, States and Union Territories differ fundamentally in their autonomy and resource access.

Full States have their own Council of Ministers responsible to the State Legislature, a Governor with a largely ceremonial role, and independent revenue-sharing arrangements under the Finance Commission (Article 280).
Union Territories are administered by the President through an Administrator (Lieutenant Governor or Administrator) under Article 239; those with legislatures (J&K, Puducherry, Delhi) have a partially representative government but with circumscribed legislative competence.
States receive funds through the Finance Commission's vertical devolution (currently 41% of Central taxes to States, as per the 15th Finance Commission), Centrally Sponsored Schemes (CSS), and State-specific grants. Union Territories receive grants-in-aid from the Union government, which critics argue are structurally less than what states receive.
The Comptroller and Auditor General (CAG) of India audits both State and UT finances, but UTs have less fiscal autonomy.

Connection to this news: The Deputy CM's argument that J&K is receiving inadequate development funds compared to a full State reflects a genuine structural difference — as a UT, J&K is more dependent on Union allocations rather than the constitutionally mandated Finance Commission devolution.

Supreme Court Judgment on Article 370 Abrogation (2023)

The five-judge Constitution Bench of the Supreme Court unanimously upheld the abrogation of Article 370 in December 2023 in In Re: Article 370. The Court also directed the Election Commission to hold elections in J&K by September 30, 2024, and noted that the Union government's commitment to restoring statehood was on record.

The Constitution Bench included Chief Justice D.Y. Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice B.R. Gavai, and Justice Surya Kant.
The Court recorded the Solicitor General's assurance that statehood restoration was a matter of "when, not if."
The Court held that the power to make the 2019 Presidential Orders lay within the President's powers during a period of President's Rule under Article 356, read with Article 370(3).
Elections to the J&K Legislative Assembly were held in September–October 2024; the National Conference won and formed the government.

Connection to this news: Despite the Supreme Court recording the assurance on statehood restoration and J&K now having an elected government, the Union government has not initiated parliamentary action under Article 3 — forming the basis of the Deputy CM's protest threat.

Key Facts & Data

Article 370 abrogated: August 5–6, 2019 (Presidential Order C.O. 272).
Reorganisation Act: Jammu and Kashmir Reorganisation Act, 2019 — effective October 31, 2019.
Constitutional power used: Article 3 (Parliament's power to reorganise states/UTs).
Two UTs created: (1) J&K (with legislature), (2) Ladakh (without legislature).
Supreme Court verdict: December 2023 — Constitution Bench unanimously upheld abrogation.
Elections held: September–October 2024; National Conference formed government.
J&K government demand: Restoration of full statehood (requiring a new Parliament resolution under Article 3).
Finance Commission: 15th Finance Commission (2021–26) allocated 41% of divisible pool to States; UTs receive grants-in-aid separately.
Protest venue: Jantar Mantar, New Delhi — a constitutionally designated site for peaceful assembly.
Deputy CM: Surinder Kumar Choudhary (BJP legislator, Deputy CM in National Conference-led government).