JAMMU & KASHMIR REORGANISATION ACT 2019

The Jammu and Kashmir Reorganisation Act 2019 is an act of Parliament. It contains provisions to reconstitute the state of Jammu and Kashmir into two union territories to be known as union territory of Jammu and Kashmir and union territory of Ladakh with effect from 31st October 2019.

The Jammu and Kashmir reorganisation Bill 2019 was introduced by Home Minister Amit Shah in Rajya Sabha on 5th August 2019. The bill was passed by Rajya Sabha the same day and was passed by Lok Sabha on 6th August 2019 and received assent of the President on 9th August 2019 and became Jammu & Kashmir Reorganisation Act 2019.

This bill was supported by 370 members in Lok Sabha and 125 members in Rajya Sabha. 70 members in Lok Sabha and 61 members in the Rajya Sabha opposed this Bill.

Prior to introduction of this bill, a presidential order was passed to revoke the special status of Jammu and Kashmir as mentioned in Article 370 of the Constitution which superseded the 1954 Presidential order. The 1954 order had a provision to the article 3 of the constitution stating that Union would not alter the name, area & boundaries of State of Jammu & Kashmir. It’s revocation paved the way for introduction of Reorganisation Bill 2019.

Jammu and Kashmir will have a Legislative Assembly while Ladakh will be without any Legislative Assembly. Both the Union Territories will have Lieutenant Governors. Ladakh will include Leh and Kargil districts while the other districts will be accorded to Jammu and Kashmir. Ladakh will have one Lok Sabha seat while Jammu and Kashmir will have five Lok Sabha seats. All the four Rajya Sabha seats will be from Jammu and Kashmir. The High Court of Jammu & Kashmir will function as High Court for both the union territories.

The administration of Jammu and Kashmir will be as per article 239 of the Constitution. Article 239 (A) originally formulated for the union territory of Puducherry will also be applicable to union territory of Jammu and Kashmir. Legislative Assembly of Jammu and Kashmir will have 107 to 114 seats. Tenure of Legislative Assembly will be five years. The Legislative Assembly may make law for any of the subject in:

(i) state list except PUBLIC ORDER and POLICE which will remain as the law making powers of Union Government.

(ii) any matter in concurrent list applicable to union territories.

Lieutenant Governor of Jammu and Kashmir may nominate two women members to Legislative Assembly if in his opinion women are not adequately represented in the same. Seats will be reserved for Scheduled Castes and Scheduled Tribes in proportion to their population in union territory of Jammu and Kashmir.

The Legislative Council of Jammu and Kashmir has been abolished with effect from 16th October 2019. Shri GC Murmu was the first Lieutenant Governor of union territory of Jammu and Kashmir while Mr Manoj Sinha is the present Lieutenant Governor. Lieutenant Governor of union territory of Ladakh is Shri RK Mathur

Please Note:

(1) Rajya Sabha members are elected by elected members of legislative assembly. Since union territory of Ladakh will not be having any legislative assembly, no representation of Ladakh will be in Rajya Sabha. All four members of Rajya Sabha shall be elected by elected members of Legislative Assembly of Jammu and Kashmir.

(2) Now our six states legislatures are bicameral i.e. have Vidhan Sabha & Vidhan Parishad (both). They are UP, Bihar, Maharashtra, Karnataka, Andhra Pradesh and Telangana. The Vidhan Parishad of Jammu and Kashmir state has been abolished on 16 October 2019. The Legislative Assembly of Rajasthan has passed a resolution to establish Vidhana Parishad in the state while legislative assembly of Andhra Pradesh has passed a resolution to abolish Vidhan Parishad from the state.

Under Art 169 of the Constitution, our Parliament can establish or abolish Vidhan Parishad in a state

(3) Earlier Jammu and Kashmir State had 87 (Elected) +24 (from Pakistan occupied Kashmir) = 111 seats in Legislative Assembly. After the bifurcation of Jammu and Kashmir State, four seats from Ladakh were reduced (87-4+24 = 107).

Seven seats can be added in legislative assembly. Then the seats may become 107+7 = 114. Again Lieutenant Governor of Jammu and Kashmir can nominate two women members to Legislative Assembly if in his opinion women are not adequately represented in Legislative Assembly. In that case, the strength of Legislative Assembly may go upto 116.