J&K Reorganisation Act,2019

The Jammu & kashmir Reorganisation Act,2019 is an act of the Parliament of India containing provisions to reconstitute the state of Jammu and kashmir into two Union territories called  Jammu & kashmir and Ladakh on 31 October 2019. 

Important Dates:

• A bill for the act was introduced by the Minister of Home Affairs, Amit Shah, in the Rajya Sabha on 5 August 2019.

•  It was then passed by the Lok Sabha on 6 August 2019.

•  It received the President's assent/ approval on 9 August 2019. (Ram Nath Kovind).

•  It came into effective from 31st October, 2019.

• The bill was Passed by :-

• Rajya Sabha  - 125 member favour

                                                          - 61 member against

• Lok Sabha     -  370 Favour

                                                          -70 Against

It contains 103 sections divided into 14 parts and five schedules.

Important Sections in this act are as:-

Part -2 :-

• Under Section 3 ,UT of Ladakh is formed.

• Under Section 4, UT of Jammu & Kashmir is formed.

Part- 3 :-

• Under Section 9(1) - four seats are allocated to the UT of Jammu and Kashmir in Rajya Sabha.

• Under Section(10)- five seats are allocated to the UT of Jammu and Kashmir in Lok Sabha. One seat to UT of Ladakh.

• Under Section 13, Article 239(A) of Indian Constitution is applicable to UT of J&K which makes it similar to UT of Puducherry.

• Under Section 14 (1)–Appointment of Administrator under Article 239(A). He shall be designated as the lieutenant Governor.

•  Under Section 14(2) – UT of J&K with legislative assembly only.

•  Under Section 14(3) – Total Number of seats in legislative assembly of UT of J&K is 107.

• Under Section 14(4a) – 24 seats remain vacant for POK.

• Under Section 15- Lt. Governor may nominate two women in the Legislative assembly,if in his opinion, women are not adequately represented in the Legislative Assembly.

• Under Section 17- Duration of legislative assembly- 5 years from the date of first meeting is given.

• Under  Section 17(1) – Extension of term of legislative assembly during National emergency.

•  Under Section 32(1) – Power of legislative assembly to make laws on any subject mentioned in the state list & concurrent list except “Public Order” and “Police”.

• Section 53(1) – Strength of Council of Minister consisting of not more than 10 percent of the total members of legislative assembly including CM.

• Section 54(1) – Chief Minister shall be appointed by Lieutenant Governor.

Part -4 :-

• Under Section 58 administration of UT of Ladakh is given.

Part-6 :- 

• Section 65 &66 , reservation for SC & ST given respectively.

Part-8:-

•  Section 75(1)(a) – High Court of J&K shall be the common High Court of UT of J&K and UT of Ladakh.

Fifth Schedule: Under this Schedule :-

• 106 Central laws will applicable to J&K  and Ladakh.

• 153 State laws deleted.

• 166 state law continue to remain in force.

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Milan Tomic

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