Government of Jammu and Kashmir

When the British ruled India, Jammu and Kashmir were princely states. The princely states were formed after the first Anglo Sikh War. During the partition of India and Pakistan, Hari Singh served as the King of Jammu and Kashmir. He delayed his decision initially regarding the unification with India. 

However, he agreed to the integration when he was promised military aid during the Indo-Pakistan War (1947–48). After this, Jammu and Kashmir became a part of India. They were given a special status under Article 370 of the Constitution. They followed their own constitution, had their own state flag, and had autonomy over their internal matters. 

On 6th August 2019, the special status of Jammu and Kashmir, which was provided by the Indian Constitution, was repealed when Article 370 was removed by the Government of India. In 2019, the Indian government introduced the Jammu and Kashmir Reorganisation Bill. 

Constitutional Framework

Until 2019, Jammu and Kashmir held the status of a semi-autonomous state. The Union Government of India administered the region as a union territory. The state of Jammu and Kashmir did not follow the Constitution of India, unlike the rest of the Indian states. 

The state followed a modified constitution that upheld the state’s territorial integrity under the Republic of India. The state was headed by a governor whom the president of India appointed. The chief minister elected a council of ministers who advised the state’s governor. 

The state legislature consisted of two houses: Vidhan Sabha (Legislative Assembly) and Vidhan Parishad (Legislative Council). The former was composed of members who were elected from single-member constituencies. The latter was composed of members appointed by the governor and elected by local administrators and politicians. 

Article 370

According to Article 370 of the Constitution of India, an autonomous status was provided to the Government of Jammu and Kashmir. They followed their own constitution, had their own flag and made their own laws. 

The Union Government of India had complete authority over the state in matters of defence, communication within the state, and foreign policy. However, the Union Government also had an indirect influence in matters of emergency powers, supreme court jurisdiction, and citizenship. 

The article allowed the Government of Jammu and Kashmir to make their own laws relating to matters like ownership of property, permanent residency, and fundamental rights. This also barred Indians who did not belong to Jammu and Kashmir from settling there or purchasing property.

Jammu and Kashmir Reorganisation Bill

Mr Amit Shah, the Minister of Home Affairs of India, introduced a bill in the Rajya Sabha on August 5th, 2019. The bill provided for the reorganisation of Jammu and Kashmir. The bill introduced the following changes:

• Two union territories will be created: Ladakh and Jammu and Kashmir. The Jammu and Kashmir union territory will comprise of all territories which were a part of the previous state of Jammu and Kashmir, except for Kargil and Leh. These two territories will become a part of the union territory of Ladakh. 
• Both the union territories will now be governed by the president through an appointed Lieutenant Governor. 
• The power to make laws pertaining to the union territory of Jammu and Kashmir will be in the hands of the Parliament of India. 
• A legislative assembly will be formed in Jammu and Kashmir which will comprise 107 seats. Twenty-four seats will represent the areas of the union territory which are occupied by Pakistan and, hence, remain vacant. A few seats will be reserved for the scheduled caste and scheduled tribes so that their population can be represented. 
• The Lieutenant Governor will be directed by a council of ministers in matters pertaining to the assembly. This council will be formed by 10% of the members of the assembly. The decisions made by the council will be communicated to the Lieutenant Governor by the Chief Minister. 
• The Legislative Council which existed in the previous state of Jammu and Kashmir will be dissolved. This will result in a lapse of all the bills pending in the council. 
• Both the union territory – Ladakh and Jammu and Kashmir – will fall under the jurisdiction of a common high court which is located in the state of Jammu and Kashmir 
• Advisory committees will be formed by the central government for issues related to water and electric supply, distribution of assets and liabilities of corporations, and state financial corporation 
• The two union territories will follow 106 central laws. Some of these laws include the Right to Education, the Indian Penal Code, Aadhaar Act etc. The bill also repeals 153 laws of the state of Jammu and Kashmir. Seven laws of the state are allowed to remain applicable but with certain amendments. Also, 166 laws of the previous state of Jammu and Kashmir will be allowed to remain in action. 

Conclusion

After the partition of India, Jammu and Kashmir became a part of India but were given the status of special states. According to Article 370 of the Indian Constitution, they were given autonomous status. They followed their own constitution, had their own flag, and made their own laws. 

However, in 2019, Article 370 was revoked by the Indian Government. In the same year, the government introduced the Jammu and Kashmir Reorganisation Bill. Two union territories were formed after the acceptance of the bill – Ladakh and Jammu and Kashmir. The bill also included several other changes in the legislation of Jammu and Kashmir.