In this article, we will elucidate on the Jammu And Kashmir Reorganisation Act, 2019 and its salient features.
The Jammu & Kashmir Reorganisation Bill, 2019, splits the state into two Union Territories—oone of Jammu & Kashmir and the other of Ladakh. Lieutenant-governors for the two UTs will replace the J&K governor. The Election Commission will conduct polls for the UT of J&K as per the allocation of seats specified in the Delimitation of Parliamentary Constituencies. The new bill has 103 clauses within, which give or take 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. In this article, we will elucidate the Jammu and Kashmir Reorganisation Act and its salient features.
Background
The NDA government passed the Jammu and Kashmir Reorganisation Act, 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 It became a historic day, as Article 370 was revoked.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 Act
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.
Proposals of the Jammu and Kashmir Reorganisation Act
The new Bill has 103 clauses within, which give rights or take 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.
- The Union Territory of Jammu and Kashmir will function with a legislature, while Ladakh will not have 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 – 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.
- 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.
- 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
- 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 about law-making and policy. The Chief Minister will act as the communication link between the Council and the Governor.
- 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.
- J&K will no longer have a Legislative Council, and all the Bills that were pending on the floor will be dissolved.
- Advisory Committee – 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
- 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.
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
- Prohibitions regarding the purchase of land by non-residents will be lifted via an amendment.
- The status of Permanent Resident as per Article 35A, 1954, applicable to J&K, has been abolished.
- Notably, the restrictions on the rights of non-residents of J&K have been lifted.
Jammu and Kashmir’s Legislative Assembly
The legislative setup of Jammu and Kashmir underwent significant changes in 2019. Before this transition, Jammu and Kashmir had a bicameral legislature comprising a legislative assembly (lower house) and a legislative council. However, on November 21, 2018, the Governor dissolved the Legislative Assembly.
Post this Jammu and Kashmir Reorganisation Act, Jammu and Kashmir continued with a bicameral legislature. Seats in the Legislative Assembly are reserved for tribal and scheduled caste individuals, ensuring proportional representation in alignment with their population within the Union Territory. Additionally, the Lt. Governors have the authority to nominate two women members to represent women’s interests in the Assembly if their representation is inadequate to achieve gender equality.
The Legislative Assembly is elected for a five-year term, with the Lt. Governor summoning the Assembly at least once every six months. The Assembly possesses the power to pass laws related to matters specified in the Indian Constitution’s State List, except for ‘Police’ and ‘Public Order.’ Matters in the Concurrent List apply to Indian Union Territories. It’s important to note that the Parliament holds decision-making power to legislate for Jammu and Kashmir and its Union Territory. This alteration in the legislative structure has significantly influenced the governance and legislative processes in the region.
Conclusion on the Jammu and Kashmir Reorganisation Act
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.
FAQs
What is the special act of Jammu and Kashmir?
The special act that reorganised Jammu and Kashmir is the Jammu and Kashmir Reorganisation Act, 2019.
What is the reorganisation of Jammu and Kashmir current affairs?
The reorganisation refers to the bifurcation of the state of Jammu and Kashmir into two Union Territories: Jammu and Kashmir, and Ladakh, on October 31, 2019.
In which year the Jammu and Kashmir Reorganisation Act was passed?
The Jammu and Kashmir Reorganisation Act was passed in the year 2019.
How many parts of the J&K Reorganisation act are there?
The Jammu and Kashmir Reorganisation Act consists of several sections, but it is not explicitly divided into parts.
When did Jammu and Kashmir divide?
Jammu and Kashmir was officially bifurcated into two Union Territories on October 31, 2019.
Who introduced the J&K Reorganisation act?
The Jammu and Kashmir Reorganisation Act was introduced by the Government of India.
What is Section 88 of the J&K Reorganisation Act?
Section 88 of the Jammu and Kashmir Reorganisation Act, 2019, deals with the power to adapt or modify any law in connection with the reorganisation of the state of Jammu and Kashmir.
Other Related Articles
