The Jammu and Kashmir Reorganisation Act 2019 - Part 2

Under Article 370 & The Jammu and Kashmir Reorganisation Act 2019 - Part 1, we have got Jammu and Kashmir under Article 35 (A) included in Appendix 1 with Article 370. Learn about the special status, which ended after the Jammu and Kashmir Reorganization Act 2019 passed by the Parliament of India on 05 August 2019, and Jammu and Kashmir got the same rights as other states of India. The Jammu and Kashmir Reorganization Act 2019 is like the first step in furthering the development of Jammu and Kashmir.

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The Jammu and Kashmir Reorganisation Act 2019

The Jammu and Kashmir Reorganization Act 2019 has been implemented by the Constitution Order 2019 promulgated by the Honorable President. There were many constitutional, political and social problems in the removal of Article 370, which was a complex article of the legislature related to the Indian Constitution, yet the Government of India removed all the problems of this disputed article pending for years and created Jammu and Kashmir. Has done a commendable and commendable job of connecting the state with the mainstream of development.

Obstacles in the Removal of Article 370

There were mainly two obstacles in connecting Jammu and Kashmir with the mainstream of development, which are as follows –

• Article 370 : According to the provision of Article 370 (3) “The President may, by public notification, declare Article 370 not to be in operation or to be in force with exceptions and modifications, however, the recommendation of the Constituent Assembly of the State of such notification is necessary. Will be. The problem here was that the Constituent Assembly was dissolved after Jammu and Kashmir came into force with its own constitution, without which the President of India was unable to change the provision related to Article 370.
• Article 35 (A) : Article 35 (A) was implemented by the President under the Constitution Order 1954, which was applicable to Jammu and Kashmir. This order was given by the President under Article 370 (1) (d). It was implemented not in the main part of the Indian Constitution but under Appendix 1, which was only for the state of Jammu and Kashmir. It was not passed by the Parliament of India.

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Solution to the Obstacles in the Removal of Article 370

To remove the above mentioned obstacles, the following provisions and works were done –

• As per the provision of Section 2 of the Constitution Order 2019, all the provisions of the Constitution of India shall apply with reference to the State of Jammu and Kashmir.
• Clause (4) was added to article 367 of the Constitution, with other provisions thereunder, in the proviso to article 370, 'Constituent Assembly of the State' was substituted by 'Legislative Assembly of the State'.
• Article 370 of the Constitution was not omitted by the Constitution Order 2019, but a way was made to remove its provision.
• Work to remove the provisions of Article 370: Since the Constituent Assembly of Jammu and Kashmir was dissolved, therefore the powers of the Legislative Assembly to replace the Constituent Assembly of Jammu and Kashmir with the Legislative Assembly and the implementation of President's rule in the state For the time being vested in the Governor. Due to which the way was paved for the Central Government to remove the provisions of Article 370.
• Therefore, using the powers obtained under Article 370 (3) on the basis of the recommendation made under the resolution passed in the Parliament, the President announced by notification on 05 August 2019, that from 06 August 2019 all the provisions of Article 370 of the Constitution shall cease to operate, except the following which read as follows – “370. All the provisions of this Constitution, as amended from time to time, shall, without any modification or exception, apply to the State of Jammu and Kashmir….. ,
• Work related to removal of the provision of Article 35 (A): As we have read earlier, no constitutional amendment was done under Article 368 of the Parliament to add Article 35 (A) to the Constitution. It was added only by the notification of the Hon'ble President. This also became the reason for its controversy, because any notification, which is not passed by the Parliament, is valid only for 06 months. After that they themselves become inactive or ineffective.
• Since 35 (A) was implemented under Article 370 (1) (d), therefore, with the original provision of Article 370 not being in force, Article 35 (A) applicable in the context of the State also automatically ended. Done |
• Due to the termination of the provisions of Article 370 and Article 35 (A) and all the provisions of the Constitution are applicable to the state of Jammu and Kashmir, according to Article 03 of the Constitution, the Parliament can reorganize the states. Parliament reorganized the territories of the state of Jammu and Kashmir using this provision.

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Changes After The Implementation of The Jammu and Kashmir Reorganisation Act 2019

After the implementation of the Jammu and Kashmir Reorganization Act 2019 (The Jammu and Kashmir Reorganization Act 2019), all the provisions of the Indian Constitution will be applicable in the state of Jammu and Kashmir, that is, Jammu and Kashmir will also be covered under Article 152 mentioned in Part-6 of the Constitution of India. Joined the 'State' | Along with this, many other changes took place in the state of Jammu and Kashmir, the details of which are as follows –

1. After the implementation of the Jammu and Kashmir Reorganization Act 2019 (The Jammu and Kashmir Reorganization Act 2019), the special status enjoyed by the state was abolished.
2. With this, the provision of separate constitution and separate flag of Jammu and Kashmir also ended.
3. Jammu and Kashmir is no longer a state, but by this act it has been divided into two union territories – first Jammu and Kashmir and second Ladakh, which came into existence from 31 October 2019.
4. Both these Union Territories will be administered by the President through the Lieutenant Governor (Lt. Governor – who will be appointed by the President).
• On 31 Oct. 2019 , G.C. Murmu appointed as the first Lieutenant Governor  of Jammu and Kashmir and R. K. Mathur appointed as the first Lieutenant Governor of Ladakh by The Central Govt.
5. The districts of Kargil and Leh are included in the Union Territory of Ladakh, while the remaining districts of the present State of Jammu and Kashmir are included in the Union Territory of Jammu and Kashmir.
6. The Union Territory of Ladakh will have no legislature, while the Union Territory of Jammu and Kashmir will have a unicameral legislature or Vidhan Sabha.
• The tenure of the Legislative Assembly will be of 5 years like other states of India. Earlier it used to be of 6 years.
• The total number of members of the Jammu and Kashmir Legislative Assembly will be 107, which will be increased to 114 after delimitation. Of these, 24 seats have been kept vacant for Pakistan-Occupied Kashmir (POK).
• The number of members of the Council of Ministers in Jammu and Kashmir shall not exceed 10 percent of the total number of members of the Legislative Assembly.
• In addition to the above, the Lieutenant Governor can nominate two members in the Legislative Assembly to represent women.
7. The Legislative Council of the State of Jammu and Kashmir was abolished by this Act.
8. After the enactment of the Jammu and Kashmir High Court Act, both the Union Territories will have a High Court.
9. Provision has also been made for the post of Advocate General to provide legal advice to the Government of the Union Territory of Jammu and Kashmir.
10. The Legislative Assembly of the Union territory of Jammu and Kashmir may make laws for its territory or any part thereof on all subjects in the State List and on any subject in the Concurrent List applicable to the Union territory except 'police' and 'public order'.
• Before the implementation of the act in the state, the Chief Minister was responsible for law and order in the state, but after the implementation of the act, now this responsibility will be with the Central Government through the Deputy Governor.
• Earlier, the Indian Penal Code (IPC) was replaced by the Ranvir Penal Code (RPC), which was similar to the Indian Penal Code with some changes. But after the implementation of the Act, IPC came into force here like other states.
11. Every law made by the Parliament of India shall apply thereto without the consent of the Legislative Assembly of Jammu and Kashmir. Whereas earlier the permission of the Legislative Assembly was necessary.
12. Article 368 mentioned in the Indian Constitution was not applicable here earlier, which now came into force after the enactment of the Act.
13. Now the Government of India can 'reorganize the states' here on the basis of the provisions mentioned in Article 03.
14. Now the central government can implement all kinds of emergency here if needed.
15. The principles related to the Directive Principles of State Policy are also applicable here.
16. After the implementation of the Jammu and Kashmir Reorganization Act 2019 (The Jammu and Kashmir Reorganization Act 2019), the present discrimination between the citizens of the state and the citizens of other states of India also ended, which was applicable under Article 35 (A).

• Now anyone from outside Jammu and Kashmir can buy property here, which was earlier restricted due to Article 35(A).
• Now any person from outside Jammu and Kashmir can marry a woman here, and by doing so, the property rights of that woman will not end. Whereas earlier the right of property used to end when a woman here marries an outsider.

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