Key Highlights Jammu and Kashmir Reorganization Bill 2019

4 years ago India Shanthy S

The union home minister introduced ‘The Jammu and Kashmir Re-organisation bill, 2019 along with Jammu and Kashmir Reservation (second amendment) Bill, 2019 and passed by the Rajya Sabha. Once, it will come into force with the President’s assent it will have a far-reaching effect.

Once ‘‘The Jammu and Kashmir Re-organization bill, 2019’ is enacted the word ‘law’ will confer the same meaning given under clause 3 of Article 13 of the constitution for Jammu and Kashmir as rest of India (Section 2(f) of the proposed Bill). 

Entry 15 of the First Schedule of the Indian Constitution under I List States will be removed and added below the II List Union Territories as Entry 8. Jammu and Kashmir and Entry 9: Ladakh.

The union territory of Ladakh will comprise of “Kargil and Leh districts”, Union territory of Jammu and Kashmir will be comprised of the territories of the existing State of Jammu and Kashmir other than areas mentioned under the Union Territory of Ladakh.

The four sitting members of the Council of States representing the existing State of Jammu and Kashmir shall be deemed to have been elected to fill the seats allotted to the Union territory of Jammu and Kashmir.

In the house of the people, there shall be allocated five seats to the successor. Four seats to the Union territory of Jammu and Kashmir and one seat to Union territory of Ladakh

The Election Commission may conduct the elections to the House of the People for the Union territory of Jammu and Kashmir and Union territory of Ladakh as per the allocation of seats specified in the Delimitation of Parliamentary Constituencies Order, 1976 as amended by this Act.

the provisions contained in article 239A, which are applicable to “Union territory of Puducherry”, shall also apply to the “Union territory of Jammu and Kashmir

The total number of seats in the Legislative Assembly of the Union territory of Jammu and Kashmir to be filled by persons chosen by direct election shall be 107. 

Clause 4 of Section 14 of the proposed Bill deals with the Status of territories under the occupation of Pakistan. As until the area of the Union territory of Jammu and Kashmir under the occupation of Pakistan ceases to be so occupied and the people residing in that area elect their representatives, twenty-four seats in the Legislative Assembly of Union territory of Jammu and Kashmir shall remain vacant and shall not be taken into account for reckoning the total membership of the Assembly(a) twenty-four seats in the Legislative Assembly of Union territory of Jammu and Kashmir shall remain vacant and shall not be taken into account for reckoning the total membership of the Assembly; and

The proposed Bill also provides provision for the Lieutenant Governor of the successor Union territory of Jammu and Kashmir may nominate two members to the Legislative Assembly to give representation to women.

The Legislative Assembly is vested with the law-making of the subjects contained in the state list other than “Public Order” and “Police” or the Concurrent List in the Seventh Schedule to the Constitution of India in so far as any such matter is applicable in relation to the Union territories.

Table 1 of the fifth Schedule contains the list of One Hundred and Seven (107) central Acts which will apply to Jammu and Kashmir with the passing of the proposed Bill. The One Hundred and Fifty-three Acts enacted by the Predecessor State of Jammu and Kashmir will be repealed with the passing of the proposed Bill.







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