Home Minister Amit Shah moved a resolution to scrap provisions of Article 370 and Bills to bifurcate Jammu and Kashmir to make Ladakh a Union Territory and make a residual State a Union Territory with Legislative Assembly. The Jammu and Kashmir Reorganisation bill, 2019 was passed in Rajya Sabha on 05th August, 2019. Alongwith alliances of BJP in NDA, Aam Aadmi Party, AIDMK, BSP, TDP, YSRCP & BJD also supported the Bill.
A presidential order has withdrawn the 1954 order applying provisions of the Constitution to Jammu and Kashmir with modifications.
Here’s The Constitution (Application to Jammu and Kashmir) Order, 2019: #Article370 #JammuAndKashmir pic.twitter.com/o6gLpzKuGZ
— Legal Desire (@legaldesire) August 5, 2019
The State of Jammu and Kashmir has been bifurcated into two union territories (UT) — the Union Territory of Ladakh and the Union Territory of Jammu and Kashmir. The UT of Ladakh will not have a legislature. A statement by Home Minister clarified this:
The Ladakh Division of the State of Jammu and Kashmir has a large area but is sparsely populated with a very difficult terrain. There has been a long pending demand of people of Ladakh, to give it the status of a Union Territory to enable them to realise their aspirations.
The Union Territory of Ladakh will be without Legislature. Further, keeping in view the prevailing internal security situation, fuelled by cross border terrorism in the existing State of Jammu and Kashmir, a separate Union Territory for Jammu and Kashmir is being created. The Union Territory of Jammu and Kashmir will be with legislature.
Amit Shah, Hon’ble Home Minister of India
Here’re key provisions from the proposed Bill:
THE PROVISION REORGANISATION OF THE STATE OF JAMMU AND KASHMIR UNDER THE BILL ARE AS FOLLOWS:Â
3. On and from the appointed day, there shall be formed a new Union territory to be known as the Union territory of Ladakh comprising the following territories of the existing State of Jammu and Kashmir, namely:—
“Kargil and Leh districts”,
and thereupon the said territories shall cease to form part of the existing State of Jammu and Kashmir.
4. On and from the appointed day, there shall be formed a new Union territory to be known as the Union territory of Jammu and Kashmir comprising the territories of the existing State of Jammu and Kashmir other than those specified in section 3.
5. On and from the appointed day, the Governor of the existing State of Jammu and Kashmir shall be the Lieutenant Governor for the Union territory of Jammu and Kashmir, and Union territory of Ladakh for such period as may be determined by the President. 6. On and from the appointed day, in the First Schedule to the Constitution, under the heading—“I. THE STATES”,—
(a) entry 15 shall be deleted.
(b) entries from 16 to 29 shall be renumbered as 15 to 28.
(c) under the heading —“II. UNION TERRITORIES”,—
after entry 7, the following entries shall be inserted, namely:—
“8. Jammu and Kashmir: The territories specified in section 4 of the Jammu and Kashmir Reorganization Act, 2019”.
“9. Ladakh: The territories specified in section 3 of the Jammu and Kashmir Reorganization Act, 2019”.
7. Nothing in the foregoing provisions of this Part shall be deemed to affect the power of the Government of successor Union territory of Jammu and Kashmir to alter, after the appointed day, the name, area or boundaries of any district or other territorial division in that Union territory.
PROVISION FOR ADMINISTRATION OF UNION TERRITORY OF LADAKH UNDER BILL ARE AS FOLLOWS:Â
58. (1) The Union territory of Ladakh will be administered by the President acting, to such extent as he thinks fit, through a Lieutenant Governor to be appointed by him under article 239.
(2) The President may make regulations for the peace, progress and good government of the Union territory of Ladakh under article 240 of the Constitution of India.
(3) Any regulation so made may repeal or amend any Act made by Parliament or any other law which is for the time being applicable to the Union territory of Ladakh and, when promulgated by the President, shall have the same force and effect as an Act of Parliament which applies to the Union territory of Ladakh.
(4) The Lieutenant Governor shall be assisted by advisor(s) to be appointed by the Central Government.
HIGH COURT
75. (1) On and from the appointed day,—
(a) the High Court of Jammu and Kashmir shall be the common High Court for the Union territory of Jammu and Kashmir and Union territory of Ladakh;
(b) the Judges of the High Court of Jammu and Kashmir for the existing State of Jammu and Kashmir holding office immediately before the appointed day shall become on that day the Judges of the common High Court.
(2) The expenditure in respect of salaries and allowances of the Judges of the common High Court shall be allocated amongst the Union territory of Jammu and Kashmir and Union territory of Ladakh on the basis of population ratio.
Read the full bill here:
[embeddoc url=”https://legaldesire.com/wp-content/uploads/2019/08/J-K-Reoganisation-I-E-5819.pdf” download=”all”]