JAMMU KASHMIR REORGANISATION ACT, 2019 MAP OF UT OF JAMMU & KASHMIR AND UT OF LADAKH pac) aac) pesca Vora P= hal a Source:Bloomberg UNION TERRITORY OF JAMMU & KASHMIR ‘ Jammu and Kashmir is now administered as a union territory (under article 239A same as like Puducherry) by the President, through an administrator appointed by him known as the Lieutenant Governor. The Union Territory of Ladakh will be administered by the President, through a Lieutenant Governor appointed by him. First Lieutenant Governor of Jammu and Kashmir: Girish Chandra Murmu Second Lieutenant Governor of Jammu and Kashi ir: Manoj Sinha First Lieutenant Governor of Ladakh: Radha Krishna Mathur “The Union Territory of Ladakh will comprise Kargil and Leh districts, and the Union Territory of Jammu and Kashmir will comprise the remaining territories of the existing state of Jammu and Kashmir. Districts of Jammu & Kashmir (20) | Districts of Ladakh (2) + Anantnag * Kargil * Bandipore ° Leh + Baramulla * Budgam « Doda * Ganderbal * Jammu + Kathua * Kishtwar * Kulgam + Kupwara * Poonch + Pulwama « Rajouri + Ramban + Reasi * Samba * Shopian + Srinagar * Udhampur “ The UT of Jammu & Kashmir will have four MPs in the Rajya Sabha and 5 MPs in the Lok Sabha. ~ It will have a legislative assembly in accordance with Article 239A of the Constitution which means it will be along the lines of Puducherry, rather than Delhi. The Assembly will have a total of 107 seats, four less than the number of seats in the old State Assembly. 24 of these will remain vacant, as they relate to territories in Pakistan Occupied Kashmir. Of the 83 seats that are on offer, there will be, for the first time, reservations for Scheduled Castes and Scheduled Tribes, part of a broader scheme of extending national reservations to the region. + Terms will be five years rather than the six-year terms in the old system. The Assembly will have the ability to frame laws on issues in the state and Concurrent List, though this is restricted — no power over public order, police and much of trade and commerce. * To avoid conflicts like what we have seen between Delhi and the Centre, the Act carves out significant discretion for the LG on All India Services and the Anti-Corruption Bureau and gives them power to withhold assent from Bills and reserve them for consideration by the President. Like other state legislatures, the term of the UT of J&K would be for five years - from six years now. The Legislative Council would be abolished. The number of seats to be filled through direct elections would be 107. The total number of seats would be increased to 114. Jammu and Kashmir Reorga' n Bill, 2019 “ The Jammu and Kashmir Reorganisation Bill, 2019 was introduced to end special status of Jammu & Kashmir to establish the rights of all citizens to buy property and right to vote in the State. Introduced two bills and resolutions each regarding Jammu & Kashmir (J&K). they are: 1. Constitution (Application to Jammu & Kashmir) Order, 2019 - issued by President of India to supersede the 1954 order related to Article 370. 2. Resolution for Repeal of Article 370 of the Constitution of India 3. Jammu & Kashmir (Reorganisation) Bill, 2019 4. Jammu & Kashmir Reservation (2nd Amendment) Bill, 2019. ~ The Jammu and Kashmir Reorganisation Bill, 2019 was introduced in Rajya Sabha on August 5, 2019 by the Minister of Home Affairs, Amit Shah. This bill was passed on the same day in Rajya Sabha and Lok Sabha passed it on August 9, 2019. This act came into force on October 31, 2019. ~ The Act reorganised the state of Jammu and Kashmir into: (2) The Union Territory of Jammu and Kashmir with a legislature, and ) The Union Territory of Ladakh without a legislature. The Jammu and Kashmir Reorganisation Act, 2019 The Jammu and Kashmir Reorganisation Act, 2019 section 1: Short title (This Act may be called the Jammu and Kashmir Reorganisation Act, 2019). Section 2: Definitions. In this Act, unless the context otherwise requires,- (a) "appointed day" means the day which the Central Government may, by notification in the Official Gazette, appoint; (b) “article” means an article of the Constitution. (©) "assembly constituency" and "parliamentary constituency" have the same meanings as in the Representation of the People Act, 1950 (43 of 1950); PART 1 (d) "Election Commission" means the Election Commission appointed by the President under article 324; PRELIMINARY (e) "existing State of Jammu and Kashmir" means the State of Jammu and Kashmir as existing immediately before the appointed day, comprising the territory which immediately before the commencement of the Constitution of India in the Indian State of Jammu and Kashmir; (f) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or in any part of the existing State of Jammu and Kashmir; (g) "Legislative Assembly" means Legislative Assembly of Union territory of Jammu and Kashmir; (h) "Lieutenant Governor" means the Administrator of the Union territory appointed by the President under article 239; (i) "notified order" means an order published in the Official Gazette; G) "population ratio", in relation to the Union territory of Jammu and Kashmir, and Union territory of Ladakh means the ratio as per 2011 Census; (k) "Scheduled Castes" in relation to the Union territory means such castes, races or tribes or parts of groups within such castes, races or tribes as are deemed under article 341 to be Scheduled Castes in relation to that Union territory; (I) "Scheduled Tribes" in relation to the Union territory means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be Scheduled Tribes in relation to that Union territory; (m) "sitting member", in relation to either House of Parliament or of the Legislature of the existing State of Jammu and Kashmir, means a person who immediately before the appointed day, is a member of that House; (n) "Union territory", in relation to the existing State of Jammu and Kashmir, means the Union territory of Jammu and Kashmir or Union territory of Ladakh, as the case may be; (0) "transferred territory" means the territory which on the appointed day is transferred from the existing State of Jammu and Kashmir to Union territories formed under sections 3 and 4 of this Act; and (p) any reference to a district, tehsil or other territorial division of the existing State of Jammu and Kashmir shall be construed as a reference to the area comprised within that territorial division on the appointed day. section 3: Formation of Union territory of Ladakh without Legislature. section 4: Formation of Union territory of Jammu and Kashmir with Legislature. section 5: Governor of existing State of Jammu and Kashmir to be common Lieutenant Governor. section 6: Amendment of First Schedule to the Constitution. PART IT On and from the appointed day, in the First Schedule to the Constitution, under the heading-"I. THE STATES”, —- REORGANISATION OF THE STATE OF JAMMU AND KASHMIR: (a) entry 15 shall be deleted. (b) entries from 16 to 29 shall be renumbered as 15 to 28. (c) under the heading --~"II. UNION TERRITORIES”,--- after entry 7, the following entries shall be inserted, namely: --- “8. Jammu and Kashmir: The territories specified in section 4 of the Jammu and Kashmir Reorganisation Act, 2019”. ”9. Ladakh: The territories specified in section 3 of the Jammu and Kashmir Reorganisation Act, 2019”. section 7: Saving powers of the Government of Union territory of Jammu and Kashmir The Council of States PART III section 8: Amendment of Fourth Schedule to Constitution. section 9: Allocation of sitting REPRESENTATION | members. IN THE LEGISLATURES The House of the People section 10: Representation in House of the People. section 11: Delimitation of Parliamentary Constituencies Order, 1976 section 12: Provision as to sitting members. The Lieutenant Governor and The Legislative Assembly of Union territory of Jammu and Kashmir section 13: Applicability of article 239A of Constitution. section 14: Legislative Assembly for the Union Territory of Jammu and Kashmir and its composition. 14(6) - Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in the Legislative Assembly of the Union territory of Jammu and Kashmir. section 15: Representation of women. section 16: Qualification for membership of Legislative Assembly. A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly unless he-- (a) is a citizen of India and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Fourth Schedule of this Act; (b) is not less than twenty-five years of age; and (c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by the Parliament. section 17: Duration of Legislative Assembly. section 18: Sessions of Legislative Assembly, prorogation and dissolution. section 19: Speaker and Deputy Speaker of Legislative Assembly. section 20: Speaker or Deputy Speaker not to preside while a resolution for his removal from office is under consideration. section 21: Special address by Lieutenant Governor to Legislative Assembly. section 22: Rights of Ministers and Advocate General as respects Legislative Assembly section 23: Rights of Lieutenant Governor to address and send messages to the Legislative Assembly. section 24: Oath or affirmation by members. section 25: Voting in Assembly, power of Assembly to act notwithstanding vacancies and quorum section 26: Vacation of seats. section 27: Disqualifications for membership. (1) A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly (a) if he holds any office of profit under the Government of India or the Government of any State or the Government of Union territory of Jammu and Kashmir or the Government or administration of any other Union territory or other than an office declared by law made by Parliament or by the Legislative Assembly not to disqualify its holder; or (b) if he is for the time being disqualified for being chosen as, and for being, a member of either House of Parliament under the provisions of sub-clause (b), sub-clause (c) or sub- clause (d) of clause (1) of article 102 or of any law made in pursuance of that article. (2) For the purposes of this section, a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State or the Government of Union territory of Jammu and Kashmir or the Government of any other Union territory by reason only that he is a Minister either for the Union or for such State or Union territory. (3) If any question arises as to whether a member of the Legislative Assembly becomes subject to any of disqualification under the provisions of sub-sections (1) and (2), the question shall be referred for the decision of the Lieutenant Governor and his decision shall be final. (4) Before giving any decision on any such question, the Lieutenant Governor shall obtain the opinion of the Election Commission and shall act according to such opinion. section 28: Disqualification on ground of defection for being a member section 29: Penalty for sitting and voting before making oath or affirmation or when not qualified or when disqualified. section 30: Powers, pri’ of members. section 31: Salaries and allowances of members. section 32: Extent of legislative Power. section 33: Exemption of property of the Union from taxation. section 34: Restrictions on laws passed by Legislative Assembly with respect to certain matters. section 35: Inconsistency between laws made by Parliament and laws made by Legislative Assembly. section 36: Special provisions as to financial Is. 37: Procedure as to lapsing leges, etc., section 40: Requirements as to sanction and recommendations to be regarded as matters of procedure only. section 41: Annual financial statement. section 42: Procedure in Legislative Assembly with respect to estimates. section 43: Appropriation Bills. section 44: Supplementary, additional or excess grants. section 45: Votes on account. section 46: Rules of procedure. section 47: Official language or languages of Union territory of Jammu and Kashmir and language or languages to be used in Legislative Assembly thereof. section 48: Language to be used for Acts, Bills, etc. section 49: Restriction on discussion in the Legislative Assembly section 50: Courts not to inquire into proceedings of Legislative Assembly. section 51: Secretariat of the Legislative Assembly. section 52: Power of Lieutenant Governor to promulgate Ordinances during recess of Legislative Assembly. Council of ters for the U territory of Jammu and Kash Section 53: Council of Ministers. section 54: Other provisions as to Ministers. section 55: Conduct of business. section 56: Duties of Chief Minister as respects the furnishing of information to the Lieutenant Governor, etc. Legislative Counci section 57: Abolition of Legislative Council of the State of Jammu and Kashmir. (1) Notwithstanding anything to the contrary contained in any law, document, judgment, ordinance, rule, regulation or notification, on and from the appointed day, the Legislative Council of the existing State of Jammu and Kashmir shall stand abolished. (2) On the abolition of the Legislative Council, every member thereof shall cease to be such member. (3) All Bills pending in the Legislative Council immediately before the appointed day shall lapse on the abolition of the Council. PART IV section 58: Appointment of ADMINISTRATIO | Lieutenant Governor of Union N OF UNION territory of Ladakh. TERRITORY OF LADAKH PART V section 59: Definitions. DELIMITATION OF | In this Part, unless the context CONSTITUENCIES | otherwise requires,-- (a) “associate member” means a member associated with the Delimitation Commission under section 60; (b) “Delimitation Commission” means the Delimitation Commission to be constituted under section 3 of the Delimitation Act, 2002 (33 of 2002); and thereafter by any law made by the Parliament. (c) “Election Commission” means the Election Commission appointed by the President under article 324 of the Constitution of India; (d) “latest census figures” mean the census figures ascertained at the latest census of which the finally published figures are available; (e) “Parliamentary Constituency” means a constituency provided by law for the purpose of elections to the House of the People from Union territory of Jammu and Kashmir and Union territory of Ladakh. (f) “Assembly Constituency” means a constituency provided by law for the purpose of elections to the Legislative Assembly. section 60: Delimitation of constituencies. section 61: Power of Election Commission to maintain Delimitation Orders up-to date. section 62: Special provision as to readjustment of Parliamentary and Assembly Constituencies on the basis of 2011 census. section 63: Special provisions as to readjustment of Assembly and mentary Constituencies. ser in 64: Procedure as to delimitation. PART VI section 65: Applicabi SCHEDULED Scheduled Castes Order. CASTES AND section 66: Applicability of SCHEDULED Scheduled Tribes Order. TRIBES PART VII section 67: Consolidated Fund of MISCELLANEOUS. the Union territory of Jammu and AND Kashmir. TRANSITIONAL section 68: Public Account of the PROVISIONS Union territory of Jammu and Kashmir and moneys credited to it. section 69: Contingency Fund of Union territory of Jammu and Kashmir. section 70: Borrowing upon the security of Consolidated Fund of Union territory of Jammu and Kashmir. section 71: Form of accounts of the Union territory of Jammu and Kashmir. failure of constitutional machinery. section 74: Authorisation of expenditure by President. PART VIII section 75: High Court of Jammu HIGH COURT and Kashmir to be common High Court. section 76: Special provision relating to Bar Council and advocates. section 77: Practice and procedure in common High Court of Jammu and Kashmir. section 78: Savings. PART Ix section 79: Advocate General for ADVOCATE- Union territory of Jammu and GENERAL OF Kashmir. UNION TERRITORY OF JAMMU AND KASHMIR PART X section 80: Authorisation of AUTHORISATION expenditure of Union territory of OF EXPENDITURE | Jammu and Kashmi AND section 81: Authorisation of DISTRIBUTION OF | expenditure of Union territory of REVENUES Ladakh. section 82: Reports relating to accounts of Jammu and Kashmir State. section 83: Distribution of revenue. PART XI section 84 Application of this APPORTIONMENT | Part.: OF ASSETS AND LIABILITIES PART XII section 85: Advisory PROVISIONS AS Committee(s). TO CERTAIN CORPORATIONS The central government will appoint AND ANY OTHER Advisory Committees, for various MATTERS purposes, including: (i) distribution of assets and liabilities of corporations of the state of Jammu and Kashmir between the two Union Territories (ii) issues related to the generation and supply of electricity and water, and (iii) issues related to the Jammu and Kashmir State Financial Corporation. These Committees must submit their reports within six months to the Lieutenant Governor of Jammu and Kashmir, who must act on these recommendations within 30 days. section 86: Temporary provisions ion 87: Special pro income-tax. PART XIII section 88: Provisions relating to All India Services. section 89: Provisions relating to PROVISIONS | other services. AS TO section 90: Other provisions SERVICES _| relating to services. section 91: Provisions as to continuance of officers in same post. section 92: Provision for employees of Public Sector Undertakings, etc. section 93: Provisions as to State Public Service Commission. PART XIV section 94: Amendment of section LEGAL AND 15 of Act 37 of 1956. MISCELLANEOUS | section 95: Territorial extent of PROVISIONS laws section 96: Power to adapt laws. section 97: Power to construe laws. section 98: Power to name authorities, etc., for exercising statutory functions. section 99: Legal proceedings. section 100: Transfer of pending proceedings. section 101: Right of pleaders to practise in certain cases. section 102: Effect of pro of the Act inconsistent with other laws. Power to remove Schedules of Jammu & Kashmir Reorganisation act, 2019 This act contains 5 schedules:- First Members of Council of State Schedule Name of the sitting Members: 1.Fayaz Mir Mohammad 2. Laway Shri Nazir Ahmed 3. Manhas Shri Shamsher Singh 4. Ghulam Nabi Azad Second Parliamentary Constituencies of __ Jammu Schedule | &Kashmir and Ladakh. Parliamentary Constituencis of Jammu &Kashmir 1.Baramulla 2. Srinagar 3. Anantnag 4. Udhampur - Udhampur, Doda and Kathua Districts 5. Jammu - Jammu, Rajouri and Poonch Districts Parliamentary Constituency of Ladakh 1. Ladakh Third Assembly Constituencies of Jammu &Kashmir Schedule | and Ladakh. 83 constituencies. Fourth Forms of Oath and affirmations Schedule Central Laws made applicable to the union Fifth territory of Jammu &Kashmir and Ladakh Schedule Difference between Union territory and States Union territory ‘States Administration | By Central By elected Government government Administrator/ Chief minister Lieutenant Governor appointed by President. Executive head_| President Governor Legislative Not mandatory to Mandatorily has its Assembly have a Legislative _| own Legislative Assembly. Assembl Distribution of | Power vested in the | Federal mode powers hands of the Centre. Article 370 -Article 370 in Part XXI of the Indian constitution, grants an autonomous status to the state of Jammu and Kashmir. -The article is drafted = inthe —_ Constitution contains Temporary, Transitional and Special Provisions. Article 370 restricts Indian parliament to make any laws for the state and it deals with:- -Under Article 370 the Indian Parliament cannot increase or reduce the borders of the state. Article 370 and 35A of the Indian Constitution to Jammu and Kashmir. Article 35A EXTRA INFO & Salient features of the act - Defence - External Affairs - Communication. On 5 August 2019, the Government of India revoked the Source: Indiatoday the state. Article 35A allows the state legislature to define the Jammu and Kashmir's permanent residents. The article had been inserted via the Constitution (Application to J&K) Order, 1954. The article is also known as the Permanent Residents Law. Among other things, it deprives the state's female residents of property rights if / when they marry an ‘outsider'. The provision also extends to children born of any such women. After Kashmir's special status is gone, people from anywhere in India to be able to buy property and permanently settle in extends 106 central and 7 Eee aaa) amendments state laws and Governor's Acts in the Legislative Assembly Aco spl OOM 10 To be increased to 114 Fe TKae to be kept aside to be filled through direct elec- tions by people of Pok when it “ceases to be occupied” to be abolished Quick Glance * The Jammu and Kashmir Reorganisation Bill, 2019 was introduced in Rajya Sabha on August 5, 2019 by the Minister of Home Affairs, Mr. Amit Shah. The Bill provides for reorganisation of the state of Jammu and Kashmir into the Union Territory of Jammu and Kashmir and Union Territory of Ladakh. « Reorganisation of Jammu and Kashmir: The Bill reorganises the state of Jammu and Kashmir into: (i) the Union Territory of Jammu and Kashmir with a legislature, and (ii) the Union Territory of Ladakh without a legislature. The Union Territory of Ladakh will comprise Kargil and Leh districts, and the Union Territory of Jammu and Kashmir will comprise the remaining territories of the existing state of Jammu and Kashmir. + Lieutenant Governor: The Union Territory of Jammu and Kashmir will be administered by the President, through an administrator appointed by him known as the Lieutenant Governor. The Union Territory of Ladakh will be administered by the President, through a Lieutenant Governor appointed by him. lative Assembly of Jammu and Kashmir: The Bill provides for a Legislative Assembly for the Union Territory of Jammu and Kashmir. The total number of seats in the Assembly will be 107. Of these, 24 seats will remain vacant on account of certain areas of Jammu and Kashmir being under the occupation of Pakistan. Further, seats will be reserved in the Assembly for Scheduled Castes and Scheduled Tribes in proportion to their population in the Union Territory of Jammu and Kashmir. In addition, the Lieutenant Governor may nominate two members to the Legislative Assembly to give representation to women, if they are not adequately represented. + The Assembly will have a term of five years, and the Lieutenant Governor must summon the Assembly at least once in six months. The Legislative Assembly may make laws for any part of the Union Territory of Jammu and Kashmir related to: (i) any matters specified in the State List of the Constitution, except “Police” and “Public Order”, and (ii) any matter in the Concurrent List applicable to Union Territories. Further, Parliament will have the power to make laws in relation to any matter for the Union Territory of Jammu and Kashmir. + Council of Ministers: The Union Territory of Jammu and Kashmir will have a Council of Ministers of not more than ten percent of the total number of members in the Assembly. The Council will aide and advise the Lieutenant Governor on matters that the Assembly has powers to make laws. The Chief Minister will communicate all decisions of the Council to the Lieutenant Governor. + High Court: The High Court of Jammu and Kashmir will be the common High Court for the Union Territories of Ladakh, and Jammu and Kashmir. Further, the Union Territory of Jammu and Kashmir will have an Advocate General to provide legal advice to the government of the Union Territory. + Legislative Council: The Legislative Council of the state of Jammu and Kashmir will be abolished. Upon dissolution, all Bills pending in the Council will lapse. + Advisory Committees: The central government will appoint Advisory Committees, for various purposes, including: (i) distribution of assets and liabilities of corporations of the state of Jammu and Kashmir between the two Union Territories, (ii) issues related to the generation and supply of electricity and water, and (iii) issues related to the Jammu and Kashmir State Financial Corporation. These Committees must submit their reports within six months to the Lieutenant Governor of Jammu and Kashmir, who must act on these recommendations within 30 days. « Extent of laws: The Schedule lists 106 central laws that will be made applicable to Union Territories of Jammu and Kashmir and Ladakh on a date notified by the central government. These include the Aadhaar Act, 2016, the Indian Penal Code, 1860, and the Right to Education Act, 2009. Further, it repeals 153 state laws of Jammu and Kashmir. In addition, 166 state laws will remain in force, and seven laws will be applicable with amendments. These amendments include lifting of prohibitions on lease of land to persons who are not permanent residents of Jammu and Kashmir. Practice: Q. Parliamentary Constituencies of Jammu & Kashmir and Ladakh is mentioned in which of the following schedules of Jammu & Kashmir Reorganisation act, 2019? A. B. Cc. D. Q. Third Fifth Second Fourth As per the JK Reorganisation act 2019, Union Territory of Ladakh will be administered by the , through a Lieutenant Governor appointed by him. AL B. 9 ono PB >o Prime Minister Vice President . Chief Justice of India . President . Who was the first Lt Governor of Jammu & Kashmir UT? . Satyapal Malik G.C. Murmu . Draupadi Murmu . Kishan Lal