The Jammu and Kashmir Reorganisation Act, 2019

Jammu and Kashmir Reorganisation ACT, 2019 was passed on August 5, 2019, divided Jammu and Kashmir into two parts: the Union Territories of Jammu and Kashmir and Ladakh. The Act also repealed Article 370, which had granted Jammu and Kashmir unique status. The districts of Leh and Kargil, which had been part of the present state of Jammu and Kashmir, would be included in the Union Territory of Ladakh. After the split, the remaining areas became part of Jammu and Kashmir. Five Lok Sabha seats in Jammu and Kashmir were retained by the Union Territory of Jammu and Kashmir, while one was transferred to the Union Territory of Ladakh.

Reorganisation of Jammu and Kashmir

The Indian Parliament passed an act that divided the state of Jammu and Kashmir into two union territories: Jammu & Kashmir and Ladakh. The Union Territory of Jammu and Kashmir has a legislative assembly, whereas the Union Territory of Ladakh does not, and is controlled exclusively by the Lieutenant Governor.

Check out the UPSC Notes

Provision related to Lieutenant Governor

The Lieutenant Governor also has the authority to issue ordinances that have the same legal effect as legislative actions. Elections to the Jammu and Kashmir Legislative Assembly will be conducted following the introduction of new constituency borders, which is projected to be completed in 2021.

Also see: UPSC Question Paper

Jammu and Kashmir’s Legislative Assembly

Jammu and Kashmir had a bicameral legislature with a legislative assembly (lower house) and a legislative council before 2019. Jammu and Kashmir has a bicameral legislature. On November 21, 2018, the Governor dissolved the Legislative Assembly of Jammu & Kashmir.

The seats in the Legislative Assembly will be reserved for tribal and scheduled caste people to keep the proportion intact of their population in the Union Territory of Jammu and Kashmir. The Lt. Governors can nominate two women members for the Assembly to represent women if women are not sufficiently represented to justify equality between men and women. The elected Legislative Assembly will be for five years, and the Lt. The Governor will summon the Assembly once every six months.

The Jammu and Kashmir Legislative Assembly has the right to pass a law for any given part of the Union Territory of J&K related to any of the matters listed in the Indian Constitutions State’s List except for the “Police” and “Public Order.” Any matter specified in the Concurrent List will be applied to Indian Union Territories. Furthermore, Parliament will have the decision-making power to create laws for Jammu Kashmir and its Union Territory.

Visit to know more about How to Prepare for UPSC without Coaching

Provision related to Council of Ministers (COMs)

One of the provision of the Jammu and Kashmir Reorganisation Act 2019 is that the Union Territory of Jammu and Kashmir will have a council of ministers (COMs) not more than  10% of the total number of assembly members( elections to be held after delimitation of the seats is done by the centre).

The Lieutenant Governor appoints a Council of Ministers, chaired by a Chief Minister, from among the members of the legislative assembly. Their job is to advise the Lieutenant Governor on how to carry out responsibilities that are under the parliamentary assembly’s jurisdiction. In other cases, the Lieutenant Governor has the authority to act on his own.

High Court

Jammu and Kashmir and Ladakh High Court is the common high court for Jammu and Kashmir and Ladakh union regions.

Advisory Committees

The Union Government appoints Advisory Committees for:

• Assets and liabilities of corporations in the state of Jammu and Kashmir are distributed between the two Union Territories.
• Concerns pertaining to the generation and distribution of power and water, as well as
• Disputes related to state financial corporations.

Provision related to the extent of laws

It states 106 federal laws that will become effective in the Union Territories of Jammu & Kashmir and Ladakh on a time determined by the federal government. The Aadhaar Act of 2016, the Indian Penal Code of 1860, and the Right to Education Act of 2009 are all examples. It also nullifies 153 state legislation in Jammu and Kashmir. Apart from this, 166 state legislation will continue in effect, with seven changes. The restriction on leasing land to those who are not permanent residents of Jammu and Kashmir has been lifted as part of these modifications..

Conclusion

In 1956, the State Reorganisation Act was approved, resulting in the formation of 14 states and six union territories. Its most important suggestion was to create linguistic states, or reorganise states based on the accommodation of their languages in order to create a common foundation for the nation.