Why in News? 

SC has sought a detailed response from the Centre on restoring statehood to J&K (Zahoor Ahmed Bhat vs UT of J&K). 

• J&K Reorganisation Act (2019) established J&K and Ladakh UTs. SC upheld its constitutional validity in 2023 but mandated eventual statehood restoration. 
  • Delay undermines federalism (a part of the Constitution’s basic structure) by limiting elected representatives' powers, while proponents support Union control due to security concerns. 
• Restoring J&K's statehood requires repealing the J&K Reorganisation Act and introducing a new bill in Parliament.  
  • Statehood precedents for UTs include Himachal Pradesh (1971), Manipur and Tripura (1972), Arunachal Pradesh and Mizoram (1987), and Goa (1987). 

Creation of States in India 

• Admission: A new State may be admitted if it has an organized political unit, guided by international law. (J&K’s accession in 1947–  Instrument of Accession) 
• Establishment: Territory acquired under international law can be established as a State. (Goa and Sikkim) 
• Formation/Reorganisation (Article 3 of the Constitution): Parliament can form new States by altering boundaries/merging territories (Formation of Telangana). 
• Limitation: While the Union can diminish a State’s area, converting it into a UT isn’t mentioned in the Constitution.  
  • But there are certain considerations that brought about the scope for the creation of UTs.