Jammu and Kashmir Reorganisation Bill, 2019

Jammu and Kashmir is a state of India which constitutes the south and Southeastern part of the larger Kashmir region. It has always been a subject of dispute between India, China, and Pakistan. A special status for granted to the state of Jammu and Kashmir under article 370. However, in 2019, the Government of India passed the Jammu and Kashmir reorganisation act, the status of Jammu and Kashmir as a state was dissolved, and it was split into two union territories: Ladakh in the east and Jammu and Kashmir in the west.

Jammu and Kashmir

Jammu and Kashmir, which is now a union territory, used to be a state before. Since Jammu and Kashmir shares their boundary with Pakistan, Jammu and Kashmir had to see a lot of conflict and violence between the Indian army and the Pakistani army. Jammu and Kashmir used to be the only state in India where most of the population was Muslim.

Urdu was the official language of the state of Jammu & Kashmir.

However, the most widely spoken language in Jammu and Kashmir was Kashmiri, the mother tongue of 53% of the people. After the Jammu and Kashmir reorganisation act of 2019, Jammu and Kashmir became a union territory. It lies to the north of Himachal Pradesh as well as Punjab. Ladakh is located to the east of Jammu and Kashmir. Let us learn about the Kashmir reorganisation, which helped reconstitute India and became a subject of dispute in India.

The Jammu and Kashmir reorganisation Act

The Jammu and Kashmir reorganisation act of 2019 dismissed the special status of Jammu and Kashmir as a state, and it was dissolved into two union territories that are Jammu and Kashmir and Ladakh. The act came into effect on 31 October 2019. 

Amit Shah submitted the bill for the Jammu & Kashmir reorganisation act. It was presented in the Rajya Sabha on the 5th of August 2019, and the Rajya Sabha passed it on the same day.

One hundred three clauses are part of the act and extend about 106 Central laws and repel 153 laws of the State. The Jammu and Kashmir legislative council was abolished due to this act. This adds amended article 370 of the Indian constitution. The special status of Jammu and Kashmir was revoked through this act. The Central Government can pass various executive orders for both union territories with the help of this act. More than 400 Central and the state loss have been modified as a result of this act. 

Many have tried to challenge this act by petitioning in court as this became a subject of dispute in India. To ensure smooth implementation and avoid public riots following the act, a security lockdown and communications blackout throughout Jammu and Kashmir, and Ladakh.

Statutory provisions of the Act

The Jammu and Kashmir reorganisation act dissolved Jammu and Kashmir, which was a state in 2 union territories, Jammu and Kashmir and the union territory of Ladakh.

The union territory of Jammu and Kashmir will also have a legislative assembly. However, Ladakh will only be governed by a lieutenant governor.

The Leh and Kargil districts will come under the union territory of Ladakh. At the same time, all the rest of the districts will come under the Jammu and Kashmir union territory.

The current Jammu and Kashmir High Court will serve as the High Court for both union territories. Article 239A, which was written for the union territory of Puducherry, will now also apply to the union territory of Jammu & Kashmir. The union territory of Jammu and Kashmir will be administered by a lieutenant government and a legislative assembly, which will consist of 107 to 114 members.

The assembly of Jammu and Kashmir can make state laws; however, the laws regarding public order and police will only be made by the union government.

The lieutenant governor of Jammu and Kashmir will appoint a council of ministers and a chief minister.

The Jammu and Kashmir reorganisation act was passed through a presidential order, presidential declaration, and the majority of votes when the bill was presented in the parliament.

The powers of the legislative council were granted to the parliament of India because the President’s law applied to the state at the time. The Jammu and Kashmir Reorganisation Act and its execution were examples of this.

Conclusion

The constitution of India can be amended, new laws could be added to it, and the old laws could be demolished and modified. The amendment and formation of new laws require the will to be passed by the parliament of India, and the majority of votes should be achieved during voting. The Jammu and Kashmir reorganisation act was passed in the parliament of India in 2019. This legislation dissolved Jammu and Kashmir’s special status as a state, and the state was partitioned into the union territories of Jammu and Kashmir and Ladakh.