Jammu and Kashmir Reorganisation Act, 2019

Last Updated at: December 23, 2019
1140
Jammu and Kashmir Reorganisation Act, 2019

What happened on August 5th, 2019?

The NDA government passed the Jammu and Kashmir Reorganisation Bill, 2019, in the Rajya Sabha. It became a historic day, as Article 370 was revoked. August 5th, 2019 created huge news in the Indian country.

Jammu and Kashmir Reorganisation Bill:

What followed was confusion and misrepresentation as reports flew in from all directions. Indeed the reports were about the unrest in J&K and potential protests breaking out throughout the nation. While both sides of the argument have their valid points, the discussion hasn’t ended in time. You might not have a proper interpretation of what exactly happened. So, this article is an attempt to convey information regarding the Jammu and Kashmir Reorganisation Bill. Here’s a look at everything you need to know about the Bill.

Talk to our legal experts

Proposals of the Bill:

The new Bill has 103 clauses within, which give rights or takes away rights from 106 Central and 7 State laws. It also goes on to repeal over 153 State and Governor’s Laws while amending several UT laws. Home Minister, Amit Shah introduced the Bill. He paved the way for the splitting of J&K, into two Union Territories; Jammu and Kashmir and Ladakh. Here’s a look at the significant upheaval and changes.

  1. The Union Territory of Jammu and Kashmir will function with a legislature, while Ladakh will not be having one. Ladakh will be made up of Kargil and Leh while J&K will house the rest of the districts in the area.

    Lieutenant Governor:

  2. While Jammu and Kashmir will be ruled as per the President’s wish via a Lieutenant Governor, Ladakh’s administration will be handled by a different Lieutenant Governor.
  3. The Bill allows J&K to have a Legislative Assembly with 107 seats, of which, 24 will be vacant as areas in this UT are controlled and occupied by Pakistan. There will be reservations for Scheduled Castes and Scheduled Tribes after considering their proportion within the total population of the area. The  Lieutenant Governor also has been granted the right to nominate two members to the Assembly to represent women; if they do not make it to the Assembly through elections.
  4. The working period for the Assembly will be five years. The  Lieutenant Governor will summon and discuss things with the Assembly at least once every six months. The Assembly has the right to draft laws for:
  • State-approved list of items excluding Police and Public Order
  • Concurrent List applicable to UTs
  1. Jammu and Kashmir will have a Ministerial Council whose number will be less than 10% of the Assembly. This Council will guide and advise the Governor with regards to law-making and policy. The Chief Minister will act as the communication link between the Council and the Governor.
  2. The High Court for J&K will serve as the HC for Ladakh as well.  J&K will also have an Advocate General to help with governing the UT, by providing legal aid and advice.
  1. J&K will no longer have a Legislative Council, and all the Bills which were pending on the floor will be dissolved.

    Advisory Committee:

  2. The Central Government will set the Advisory Committees to help with:
  • Distributing assets of corporations and firms in J&K between the 2 UTs
  • Electricity and water disposal
  • State Financial Corporation woes
  1. Within six months of taking charge, the Committee must submit a report to the Governor, who will then make the changes as required within 30 days.
  2. 153 State Laws have been repealed, and 166 State Laws have been left as it is, with seven laws requiring amendments. 106 Central Laws will now apply to both J&K and Ladakh. They are not limited to:
  • Aadhaar Act
  • IPC
  • Right to Education
  1. Prohibitions regarding the purchase of land by non-residents will be lifted via an amendment.
  2. The status of Permanent Resident as per Article 35A, 1954, applicable to J&K, has been abolished.
  3. Notably, the restrictions on the rights of non-residents of J&K has been lifted.

 

Conclusion:

Criticism arose because the Centre had not taken much input from the State Legislative since the area was under President’s rule. Above all, the Heaven on Earth had been suffering for the longest time now.  Therefore it deserved freedom and liberation from that ailment. Let us hope that these new laws will provide Kashmir and its people with the aid they have been expecting for so long.

 

 

Jammu and Kashmir Reorganisation Act, 2019

1140

What happened on August 5th, 2019?

The NDA government passed the Jammu and Kashmir Reorganisation Bill, 2019, in the Rajya Sabha. It became a historic day, as Article 370 was revoked. August 5th, 2019 created huge news in the Indian country.

Jammu and Kashmir Reorganisation Bill:

What followed was confusion and misrepresentation as reports flew in from all directions. Indeed the reports were about the unrest in J&K and potential protests breaking out throughout the nation. While both sides of the argument have their valid points, the discussion hasn’t ended in time. You might not have a proper interpretation of what exactly happened. So, this article is an attempt to convey information regarding the Jammu and Kashmir Reorganisation Bill. Here’s a look at everything you need to know about the Bill.

Talk to our legal experts

Proposals of the Bill:

The new Bill has 103 clauses within, which give rights or takes away rights from 106 Central and 7 State laws. It also goes on to repeal over 153 State and Governor’s Laws while amending several UT laws. Home Minister, Amit Shah introduced the Bill. He paved the way for the splitting of J&K, into two Union Territories; Jammu and Kashmir and Ladakh. Here’s a look at the significant upheaval and changes.

  1. The Union Territory of Jammu and Kashmir will function with a legislature, while Ladakh will not be having one. Ladakh will be made up of Kargil and Leh while J&K will house the rest of the districts in the area.

    Lieutenant Governor:

  2. While Jammu and Kashmir will be ruled as per the President’s wish via a Lieutenant Governor, Ladakh’s administration will be handled by a different Lieutenant Governor.
  3. The Bill allows J&K to have a Legislative Assembly with 107 seats, of which, 24 will be vacant as areas in this UT are controlled and occupied by Pakistan. There will be reservations for Scheduled Castes and Scheduled Tribes after considering their proportion within the total population of the area. The  Lieutenant Governor also has been granted the right to nominate two members to the Assembly to represent women; if they do not make it to the Assembly through elections.
  4. The working period for the Assembly will be five years. The  Lieutenant Governor will summon and discuss things with the Assembly at least once every six months. The Assembly has the right to draft laws for:
  • State-approved list of items excluding Police and Public Order
  • Concurrent List applicable to UTs
  1. Jammu and Kashmir will have a Ministerial Council whose number will be less than 10% of the Assembly. This Council will guide and advise the Governor with regards to law-making and policy. The Chief Minister will act as the communication link between the Council and the Governor.
  2. The High Court for J&K will serve as the HC for Ladakh as well.  J&K will also have an Advocate General to help with governing the UT, by providing legal aid and advice.
  1. J&K will no longer have a Legislative Council, and all the Bills which were pending on the floor will be dissolved.

    Advisory Committee:

  2. The Central Government will set the Advisory Committees to help with:
  • Distributing assets of corporations and firms in J&K between the 2 UTs
  • Electricity and water disposal
  • State Financial Corporation woes
  1. Within six months of taking charge, the Committee must submit a report to the Governor, who will then make the changes as required within 30 days.
  2. 153 State Laws have been repealed, and 166 State Laws have been left as it is, with seven laws requiring amendments. 106 Central Laws will now apply to both J&K and Ladakh. They are not limited to:
  • Aadhaar Act
  • IPC
  • Right to Education
  1. Prohibitions regarding the purchase of land by non-residents will be lifted via an amendment.
  2. The status of Permanent Resident as per Article 35A, 1954, applicable to J&K, has been abolished.
  3. Notably, the restrictions on the rights of non-residents of J&K has been lifted.

 

Conclusion:

Criticism arose because the Centre had not taken much input from the State Legislative since the area was under President’s rule. Above all, the Heaven on Earth had been suffering for the longest time now.  Therefore it deserved freedom and liberation from that ailment. Let us hope that these new laws will provide Kashmir and its people with the aid they have been expecting for so long.

 

 

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A lawyer with 14 years' experience, Vikram has worked with several well-known corporate law firms before joining Vakilsearch.