Jammu and Kashmir is a region located in the northern part of India, which has been a bone of contention between India and Pakistan since the time of partition in 1947. The state was an integral part of India, but it had a special status that was given to it under Article 370 of the Indian Constitution. This special status was primarily meant to give the state some autonomy and to protect its identity, culture, and religion. However, on August 5, 2019, the Indian government announced that it would abrogate Article 370 and 35A, which granted special status to Jammu and Kashmir, and bifurcate the state into two Union Territories. The Jammu and Kashmir Reorganisation Act, 2019 was passed by the Indian Parliament, which paved the way for the reorganisation of the state.
Background
Jammu and Kashmir was a princely state at the time of India's independence in 1947. The state was ruled by Maharaja Hari Singh, who was a Hindu ruler of a Muslim-majority state. At the time of partition, Maharaja Hari Singh was undecided on whether to join India or Pakistan. However, after the invasion of the state by Pakistani tribesmen, he decided to accede to India, and Jammu and Kashmir became an integral part of India. In 1950, the Indian Constitution was enacted, and under Article 370, Jammu and Kashmir was given a special status. The state was allowed to have its own constitution, flag, and the power to make its own laws. The Indian Constitution also provided for the appointment of a Governor for the state who was appointed by the President of India.
However, over the years, the special status of Jammu and Kashmir became a contentious issue. The state was plagued by terrorism and separatist movements, which were being supported by Pakistan. There were also concerns about the discrimination against non-Kashmiris in the state, particularly in terms of job opportunities and land ownership. The Indian government, therefore, decided to take steps to bring Jammu and Kashmir at par with other states of India.
Abrogation of Article 370 and 35A
On August 5, 2019, the Indian government announced that it was revoking Article 370 of the Constitution, which granted special status to Jammu and Kashmir. The government also announced the abrogation of Article 35A, which gave special rights to the permanent residents of Jammu and Kashmir. Under Article 35A, only the permanent residents of Jammu and Kashmir were allowed to buy land and property in the state. The abrogation of Article 35A opened up the possibility of people from other parts of India buying land and property in Jammu and Kashmir.
The Indian government's decision to abrogate Article 370 and 35A was met with widespread protests and condemnation, particularly in Jammu and Kashmir. The Kashmiri leadership, including the Hurriyat Conference, called for a shutdown of the state and organized protests against the decision. The Indian government responded by imposing a curfew in the state, suspending mobile and internet services, and detaining the Kashmiri leaders.
Reorganisation of Jammu and Kashmir
In addition to the abrogation of Article 370 and 35A, the Indian government also announced the reorganisation of Jammu and Kashmir. The state was bifurcated into two Union Territories - Jammu and Kashmir and Ladakh. Jammu and Kashmir became a Union Territory with a legislature, while Ladakh became a Union Territory without a legislature.
The Jammu and Kashmir Reorganisation Act, 2019
| Contents | ||
| Sections | Particulars | |
| Title | The Jammu and Kashmir Reorganisation Act, 2019 | |
| Part I | Preliminary | |
| 1. | Short title | |
| 2. | Definitions | |
| Part II | Reorganisation of the State of Jammu and Kashmir | |
| 3. | Formation of Union Territory of Ladakh without Legislature | |
| 4. | Formation of Union territory of Jammu and Kashmir with Legislature | |
| 5. | Governor of existing State of Jammu and Kashmir to be common Lieutenant Governor | |
| 6. | Amendment of First Schedule to the Constitution | |
| 7. | Saving powers of the Government of Union territory of Jammu and Kashmir | |
| Part III | Representation in the Legislature | |
| The Council of States | ||
| 8. | Amendment of Fourth Schedule to Constitution | |
| 9. | Allocation of sitting members | |
| The House of the People | ||
| 10. | Representation in House of the People | |
| 11. | Delimitation of Parliamentary Constituencies Order, 1976 | |
| 12. | Provision as to sitting members | |
| The Lieutenant Governor and The Legislative Assembly of Union territory of Jammu and Kashmir | ||
| 13. | Applicability of article 239A of Constitution | |
| 14. | Legislative Assembly for the Union Territory of Jammu and Kashmir and its composition | |
| 15. | Representation of women | |
| 16. | Qualification for membership of Legislative Assembly | |
| 17. | Duration of Legislative Assembly | |
| 18. | Sessions of Legislative Assembly, prorogation and dissolution | |
| 19. | Speaker and Deputy Speaker of Legislative Assembly | |
| 20. | Speaker or Deputy Speaker not to preside while a resolution for his removal from office is under consideration | |
| 21. | Special address by Lieutenant Governor to Legislative Assembly | |
| 22. | Rights of Ministers and Advocate General as respects Legislative Assembly | |
| 23. | Rights of Lieutenant Governor to address and send messages to the Legislative Assembly | |
| 24. | Oath or affirmation by members | |
| 25. | Voting in Assembly, power of Assembly to act notwithstanding vacancies and quorum | |
| 26. | Vacation of seats | |
| 27. | Disqualifications for membership | |
| 28. | Disqualification on ground of defection for being a member | |
| 29. | Penalty for sitting and voting before making oath or affirmation or when not qualified or when disqualified | |
| 30. | Powers, privileges, etc., of members | |
| 31. | Salaries and allowances of members | |
| 32. | Extent of legislative power | |
| 33. | Exemption of property of the Union from taxation | |
| 34. | Restrictions on laws passed by Legislative Assembly with respect to certain matters | |
| 35. | Inconsistency between laws made by Parliament and laws made by Legislative Assembly | |
| 36. | Special provisions as to financial Bills | |
| 37. | Procedure as to lapsing of Bills | |
| 38. | Assent to Bills | |
| 39. | Bills reserved for consideration | |
| 40. | Requirements as to sanction and recommendations to be regarded as matters of procedure only | |
| 41. | Annual financial statement | |
| 42. | Procedure in Legislative Assembly with respect to estimates | |
| 43. | Appropriation Bills | |
| 44. | Supplementary, additional or excess grants | |
| 45 | Votes on account | |
| 46 | Rules of procedure | |
| 47 | Official language or languages of Union territory of Jammu and Kashmir and language or languages to be used in Legislative Assembly thereof | |
| 48 | Language to be used for Acts, Bills, etc | |
| 49 | Restriction on discussion in the Legislative Assembly | |
| 50 | Courts not to inquire into proceedings of Legislative Assembly | |
| 51 | Secretariat of the Legislative Assembly | |
| 52 | Power of Lieutenant Governor to promulgate Ordinances during recess of Legislative Assembly | |
| Council of Ministers for the Union territory of Jammu and Kashmir | |
| 53 | Council of Ministers |
| 54 | Other provisions as to Ministers |
| 55 | Conduct of business |
| 56 | Duties of Chief Minister as respects the furnishing of information to the Lieutenant Governor,etc |
| Legislative Council | |
| 57 | Abolition of Legislative Council of the State of Jammu and Kashmir |
| Part IV | Administration of Union Territory of Ladakh |
| 58 | Appointment of Lieutenant Governor of Union territory of Ladakh |
| Part V | Delimitation of Constituencies |
| 59 | Definitions |
| 60 | Delimitation of constituencies |
| 61 | Power of Election Commission to maintain Delimitation Orders up-to date |
| 62. | Special provision as to readjustment of Parliamentary and Assembly Constituencies on the basis of 2011 census |
| 63. | Special provisions as to readjustment of Assembly and Parliamentary Constituencies |
| 64. | Procedure as to delimitation |
| Part VI | Scheduled Castes and Scheduled Tribes |
| 65. | Applicability of Scheduled Castes Order |
| 66. | Applicability of Scheduled Tribes Order |
| Part VII | Miscellaneous and Transitional Provisions |
| 67. | Consolidated Fund of the Union territory of Jammu and Kashmir |
| 68. | Public Account of the Union territory of Jammu and Kashmir and moneys credited to it |
| 69. | Contingency Fund of Union territory of Jammu and Kashmir |
| 70. | Borrowing upon the security of Consolidated Fund of Union territory of Jammu and Kashmir |
| 71. | Form of accounts of the Union territory of Jammu and Kashmir |
| 72. | Audit reports |
| 73. | Provision in case of failure of constitutional machinery |
| 74. | Authorisation of expenditure by President |
| Chapter VIII | High Court |
| 75. | High Court of Jammu and Kashmir to be common High Court |
| 76. | Special provision relating to Bar Council and advocates |
| 77. | Practice and procedure in common High Court of Jammu and Kashmir |
| 78. | Savings |
| Part IX | Advocate-General of Union Territory of Jammu and Kashmir |
| 79. | Advocate General for Union territory of Jammu and Kashmir |
| Part X | Authorisation of Expenditure and Distribution of Revenues |
| 80. | Authorisation of expenditure of Union territory of Jammu and Kashmir |
| 81. | Authorisation of expenditure of Union territory of Ladakh |
| 82. | Reports relating to accounts of Jammu and Kashmir State |
| 83. | Distribution of revenue |
| Part XI | Apportionment of Assets and Liabilities |
| 84. | Application of this Part |
| Part XII | Provisions as to Certain Corporations and any other Matters |
| 85. | PAdvisory Committee(s) |
| 86. | Temporary provisions as to continuance of certain existing road transport permits |
| 87. | Special provision as to income-tax |
| Part XIII | Provisions as to Services |
| 88. | Provisions relating to All India Services |
| 89. | Provisions relating to other services |
| 90. | Other provisions relating to services |
| 91. | Provisions as to continuance of officers in same post |
| 92. | Provision for employees of Public Sector Undertakings, etc |
| 93. | Provisions as to State Public Service Commission |
| Part XIV | Legal and Miscellaneous Provisions |
| 94. | Amendment of section 15 of Act 37 of 1956 |
| 95. | Territorial extent of laws |
| 96. | Power to adapt laws |
| 97. | Power to construe laws |
| 98. | Power to name authorities, etc., for exercising statutory functions |
| 99. | Legal proceedings |
| 100. | Transfer of pending proceedings |
| 101. | Right of pleaders to practise in certain cases |
| 102. | Effect of provisions of the Act inconsistent with other laws |
| 103. | Power to remove difficulties |
| The First Schedule | Union territory of Jammu and Kashmir Members of Council of State |
| The Second Schedule | Amendments to the Delimitation of Parliamentary Constituencies Order, 1976 |
| The Third Schedule | Amendments to the Delimitation of Assembly Constituencies Order, 1995 |
| The Fourth Schedule | Forms of Oaths or Affirmations |
| The Fifth Schedule | under this schedule . 106 Central laws are applicable to the ut of j&k . 166 state laws will remain in force . 153 state laws and 11 governor acts are repealed |
