The Jammu and Kashmir Reorganisation Act

Why was the Act made?

The Jammu and Kashmir Reorganisation Act, 2019 is made for reorganisation of the state of Jammu and Kashmir into the Union Territory of Jammu and Kashmir and Union Territory of Ladakh.  

What are the its main features?

It has the following features:

• Lieutenant Governor: Both the Union Territories will be administered by the President, through an administrator appointed by him known as the Lieutenant Governor.  Each of the two UTs will have a Lieutenant Governor.  
• Legislative Assembly 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.  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: any matters specified in the State List of the Constitution, except “Police” and “Public Order”, and ; any matter in the Concurrent List.  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.        
• 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.
• Many central laws 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.  Repeals many state laws of Jammu and Kashmir and some state laws will remain in force, and some state laws will be amended.  These amendments include lifting of prohibitions on lease of land to persons who are not permanent residents of Jammu and Kashmir.

How does it compare with the earlier legal status?

• Lt Governor replaces Governor.
• The provisions of Article 239A applicable to Puducherry will be applicable to new J&K Union Territory. 
• New Assembly will have a term of 5 years in place of earlier 6 years. 
• Under the new law, LG can nominate two women representatives in the J&K Assembly if he/she feels there is inadequate female representation. 
• There will be reservation in the assembly for SC/ST groups.
• Legislative Council is abolished.
• Delimitation would happen on the basis of 2011 census. 

What are the federal Issues about the Jammu and Kashmir Reorganisation Act, 2019?

In the case of Jammu and Kashmir Reorganisation Act, 2019, the federal issues are:

• Without judicially confirming the Constitutionality of abrogation of Art.370, the state was reorganised.
• It is the first time that a State was demoted and converted into two UTs. 
• It was done when the State was under President’s Rule.
• One of the UTs- Ladakh does not have an assembly.
• It can be repeated in any other state as well.

How you respond?

The counter point is:

• National security is paramount.
• Technically, Constitutional procedure was followed.