Jammu and Kashmir Reorganisation Act, 2019

The Jammu and Kashmir Reorganisation Act, 2019 is an act of the Parliament of India containing provisions to reconstitute the State of Jammu and Kashmir, a part of the larger region of Kashmir which has been the subject of dispute among India, Pakistan, and China since 1947,[2][3] into two union territories called Jammu and Kashmir, and Ladakh, on 31 October 2019.[4] A bill for the act was introduced by the Minister of Home Affairs, Amit Shah, in the Rajya Sabha on 5 August 2019 and was passed on the same day. It was then passed by the Lok Sabha on 6 August 2019 and it received the President's assent on 9 August 2019.[5]

Jammu and Kashmir Reorganisation Act, 2019
Parliament of India
Long title
  • An Act to provide for the reorganisation of the existing State of Jammu and Kashmir and for matters connected therewith or incidental thereto.
CitationAct No. 34 of 2019
Considered byParliament of India
Enacted byRajya Sabha
EnactedAugust 5, 2019 (2019-08-05)
Enacted byLok Sabha
EnactedAugust 6, 2019 (2019-08-06)
Assented toAugust 9, 2019 (2019-08-09)
SignedAugust 9, 2019 (2019-08-09)
Signed byRam Nath Kovind
President of India
EffectiveOctober 31, 2019 (2019-10-31)[1]
Legislative history
Bill citationBill No. XXIX of 2019
Bill published onAugust 5, 2019 (2019-08-05)
Introduced byAmit Shah
Minister of Home Affairs
First readingAugust 5, 2019 (2019-08-05)
Second readingAugust 6, 2019 (2019-08-06)
Related legislation
  • J&K Reorganisation (Adaptation of State Laws) Order, 2020
  • J&K Reorganisation (Adaptation of State Laws) Second Order, 2020
  • Union Territory of J&K Reorganisation (Adaptation of Central Laws) Third Order, 2020
Status: In force

The introduction of the bill was preceded by a presidential order under Article 370 of the Indian constitution that revoked Jammu and Kashmir's special status. The Home Minister had implied that all the measures including the shutdown of communication services and the downgrade to the status of Union Territory, were temporary measures and will soon be lifted.

Background

A map of the disputed Kashmir region showing the new Union Territories of Jammu and Kashmir and Ladakh.

Article 370 of the Indian constitution gave Jammu and Kashmir special status. In contrast to other states of India, Jammu and Kashmir had its own constitution and a substantially higher degree of administrative autonomy.[6] In particular, Indian citizens from other states could not purchase land or property in Jammu and Kashmir.[7]

Jammu and Kashmir had three distinct areas: overwhelmingly Muslim-majority Kashmir (95% Muslim) with a population of nearly 7 million people, a Hindu-majority (66%) Jammu with a population of 5.35 million people and a 30% Muslim population, and Ladakh, which has sparse population of 287,000 people, a Muslim plurality, or relative majority, at 46%, and a Buddhist minority at 40% (with Hindus making up 12%).[8] Violence and unrest persisted in the Indian-administered Muslim majority areas and, following a disputed state election in 1987, an insurgency persisted in protest over autonomy and rights.[9][10] The Bharatiya Janata Party came to power in the 2014 Indian general election and had included in their 2019 election manifesto the revocation of Article 370 of the Constitution of India.[11]

Prior to the introduction of the bill and the revocation of the state's special status, the central government put the Kashmir valley on lock-down, with a surge in security forces, imposition of Section 144 preventing assembly, and the placement of political leaders such as former Jammu and Kashmir chief ministers Omar Abdullah and Mehbooba Mufti under house arrest.[12] The State had been first under Governor's rule and then under President's rule since 20 June 2018,[13] after the coalition government headed by Mehbooba Mufti lost support from the Bharatiya Janata Party. 35,000 paramilitary troops were deployed to Jammu & Kashmir,[14] prior to which a warning was issued to annual Hindu pilgrims and tourists citing a terror threat and imminent attacks by militants. The imposing of restrictions included the blocking of internet and phone services.[15][16] The moves were followed by the revocation of the state's special status.[17]

Statutory provisions

The act reorganises the state into two union territories, namely the eponymous union territory of Jammu and Kashmir, and that of Ladakh. While the former will have a legislative assembly, Ladakh will be administered by a lieutenant governor alone. The union territory of Ladakh will include the districts of Leh and Kargil, while all other districts will be accorded to Jammu and Kashmir.[18] Out of the six Lok Sabha seats allocated to the state of Jammu and Kashmir, one will be allocated to Ladakh and five will be accorded to the Jammu and Kashmir union territory. The High Court of Jammu and Kashmir will function as the High Court for both the union territories.[18]

The act provides that the administration of the Jammu and Kashmir will be as per Article 239A of the Indian constitution. Article 239A, originally formulated for the union territory of Puduchery, will also be applicable to Jammu and Kashmir.[18] A lieutenant governor appointed by the president will administer the union territory of Jammu and Kashmir, which will have a legislative assembly of 107 to 114 members, with a tenure of five years. The legislative assembly may make laws for any of the matters in the state list except "public order" and "police", which will remain as the law-making powers of the union government.[18] A Council of Ministers including a Chief Minister will be appointed by the lieutenant governor from the members of the legislative assembly, with the role to advise the lieutenant governor in the exercise of functions in matters under the legislative assembly's jurisdiction. In other matters, the lieutenant governor is empowered to act in his own capacity, who will also have the power to promulgate ordinances having the same force as acts enacted by the legislature.[18]

Enactment

The bill was introduced by the Minister of Home Affairs Amit Shah in the Rajya Sabha on 5 August 2019. The introduction of the bill was preceded by a Presidential Order under the Article 370 of the Indian Constitution, which superseded the 1954 Presidential Order. It made, inter alia, all the provisions of the Indian constitution applicable to the State of Jammu and Kashmir.[lower-alpha 1] The 1954 Order had a provison to the Article 3 of the Indian constitution, stating that the Union would not alter the area, name and the boundaries of the State of Jammu and Kashmir. Its revocation paved the way for the introduction of the Reorganisation Bill.[19]

Parliament

The bill caused pandemonium in the Rajya Sabha. Two members of the Jammu and Kashmir People's Democratic Party (PDP) tore up copies of the Indian constitution in protest, following which they were suspended from the House;[20][21] 13 members of the Trinamool Congress walked out of the House; and 6 members of Janata Dal United (allied to the ruling BJP) boycotted the voting.[22] However, the bill acquired the support of Bahujan Samaj Party, YSR Congress, Telugu Desam Party and the Aam Aadmi Party. Along with the 107 members of the ruling National Democratic Alliance, the number of supporting parliamentarians totalled to 117.[22] The bill was passed by the Rajya Sabha with 125 members in favour and 61 members against.[22][23]

The Bill was introduced in the lower house of Indian parliament, Lok Sabha on 6 August 2019. The All India Trinamool Congress and Janata Dal (United) walked out from the house, while Indian National Congress, Nationalist Congress Party and Samajwadi Party opposed the bill; Bharatiya Janata Party, Shiv Sena, Biju Janata Dal, YSR Congress Party, Telangana Rashtra Samithi, Telugu Desam Party, Shiromani Akali Dal and Bahujan Samaj Party supported it.[24] The bill was passed by the house with 370 votes in favour and 70 votes against.[25][26][27][28]

Rajya Sabha voting
PartyIn favourAgainstAbstain
BJP78   
INC  46 
JD(U)    6
AIADMK11   
AITC    13
NCP    4
BJD7   
SP  11 
TRS6   
DMK  5 
Shiv Sena4   
CPI(M)  5 
BSP4   
RJD  5 
AAP3   
SAD3   
TDP2   
YSRCP2   
RPI(A)1   
NPF1   
LJP1   
BPF1   
AGP1   
NOM4   
IND
Total1256123
Parliamentary Votes: The Question is that the Jammu & Kashmir Reorganisation Bill, 2019 be passed. The motion is put to vote.
Rajya Sabha Slipcast Vote Count (of members present) 06 August 2019 Lok Sabha Electronic Vote Count (of members present) 05 August 2019
Ayes
125 / 209
Ayes
370 / 440
Noes
061 / 209
Noes
070 / 440
Abstensions
023 / 209
Abstensions
000 / 440
Result: The Ayes have it, the Ayes have it, the Ayes have it. The motion is adopted and the bill is passed.

Assent and publication

The bill received the assent of the president on 9 August 2019, subsequent to which it was published in The Gazette of India.[29] A notification published on the same day provides for the union territories to come into effect from 31 October 2019.[1]

Subsequent legislation

Following the implementation of the Jammu and Kashmir Reorganisation Act, 2019, the Government of India further approved the following related laws:

List of Jammu and Kashmir Reorganisation Orders
Jammu and Kashmir Reorganisation Orders
Date Adaptation of State Laws Adaptation of Central Laws Notes
18.03.2020 - First Order A number of central acts extended to the UT including Code of Civil Procedure 1908 and Code of Criminal Procedure 1973 [30]
31.03.2020 First Order[31] - Repeals a number of state acts. Amends a number of state acts [30]
20.05.2020 Second Order - Amends J&K Civil Services (Decentralization and Recruitment) Act, 2010 [30]
05.10.2020 - Second Order Extends a number of central laws with amendments [30]
05.10.2020 Third Order - Amends state acts to provide for the restructuring of different municipal bodies of the UT [30]
16.10.2020 Fourth Order - Amends the J&K Panchayati Raj Act, 1989 [30]
26.10.2020 Third Order Extends a number of central laws with amendments [30]
26.10.2020 Fifth Order Amends a number of state acts. Repeals a number of state acts [30]

The Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020 was posted by the central government on its Gazette on 31 March 2020.[32][33] The order resulted in the repeal of 25 prior state laws as a whole. The remaining 113 state laws were adopted with changes.[32] This move by the central government came under specific criticism for the changes to the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010 which resulted in a modification to the states' domicile laws. Previously, Article 370 reserved land and jobs only for 'permanent residents', the definition of which was altered to include domiciles through the approval of the new order.[34][35] Under the news laws "domiciles" would be given jobs in the state. Among the various criteria under the modified law, anybody who has "resided for a period of fifteen years in the Union territory of Jammu and Kashmir" or migrants registered by the Relief and Rehabilitation Commissioner of the Union Territory will be eligible for a domicile.[36] A number of political parties including Jammu and Kashmir Apni Party and the Jammu unit of BJP opposed the order and showed discontentment.[37] On 3 April 2020, a fresh order was issued by the central government that made six changes to the previous order. Among the changes were providing protection to domiciles in any government post as compared to only selected posts before.[38] A new order, the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Second Order, 2020, with relation to the Jammu and Kashmir Civil Services (Decentralisation and Recruitment) Act was passed on 19 May 2020.[39][40] This order modified applicability of domicile orders to "all level of jobs" in the union territory.[41]

On 27 October 2020, the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020 came into force. ANI reported that under the orders "12 state laws have been repealed and 26 others have been adapted with changes or substitutes".[42][43]

Reactions

  •  People's Republic of China—On 31 October 2019, the Chinese Foreign ministry said that India’s decision to unilaterally change its domestic laws and administrative divisions is void, illegal and will not affect “the fact that the area is under Chinese actual control”. Reacting to these statements, India said that this matter is completely internal to India and it expects other countries, including China, to refrain from commenting on this. India also added that China has illegally occupied its territory.[44]

See also

Notes

  1. The 1954 Order had made only certain Articles of the Indian constitution applicable to the State and others with various exceptions and provisos. Further orders extended its scope, but fell short of extending the full scope of the Indian constitution to the State.

References

  1. http://egazette.nic.in/WriteReadData/2019/210412.pdf
  2. Akhtar, Rais; Kirk, William, Jammu and Kashmir, State, India, Encyclopaedia Britannica, retrieved 7 August 2019 (subscription required) Quote: "Jammu and Kashmir, state of India, located in the northern part of the Indian subcontinent in the vicinity of the Karakoram and westernmost Himalayan mountain ranges. The state is part of the larger region of Kashmir, which has been the subject of dispute between India, Pakistan, and China since the partition of the subcontinent in 1947."
  3. Jan·Osma鈔czyk, Edmund; Osmańczyk, Edmund Jan (2003), Encyclopedia of the United Nations and International Agreements: G to M, Taylor & Francis, pp. 1191–, ISBN 978-0-415-93922-5 Quote: "Jammu and Kashmir: Territory in northwestern India, subject to a dispute between India and Pakistan. It has borders with Pakistan and China."
  4. Ministry of Law and Justice, Legislative Department (2019). The Gazette of India (PDF). New Delhi: Authority. p. 1.
  5. "President gives assent to J&K reorganisation legislation, 2 UTs to come into existence on October 31". India Today. 9 August 2019. Retrieved 28 April 2020.
  6. K. Venkataramanan (5 August 2019), "How the status of Jammu and Kashmir is being changed", The Hindu
  7. "Article 370 and 35(A) revoked: How it would change the face of Kashmir". The Economic Times. 5 August 2019.
  8. S, Kamaljit Kaur; DelhiJune 4, hu New; June 4, 2019UPDATED; Ist, 2019 20:00. "Government planning to redraw Jammu and Kashmir assembly constituency borders: Sources". India Today.CS1 maint: numeric names: authors list (link)
  9. "Kashmir insurgency". BBC News. Archived from the original on 22 February 2017. Retrieved 21 February 2017.
  10. Jeelani, Mushtaq A. (25 June 2001). "Kashmir: A History Littered With Rigged Elections". Media Monitors Network. Archived from the original on 4 March 2016. Retrieved 24 February 2017.
  11. Article 370: What happened with Kashmir and why it matters. BBC (2019-08-06). Retrieved 2019-08-07.
  12. Article 370 Jammu And Kashmir LIVE Updates: "Abuse Of Executive Power," Rahul Gandhi Tweets On Article 370 Removal, NDTV, 6 August 2019.
  13. "After Governor's rule, President's rule comes into force in Jammu and Kashmir". The Economic Times. 20 December 2018. Retrieved 28 April 2020.
  14. Ashiq, Peerzada (2 August 2019). "25,000 more troops being deployed in J&K". The Hindu. ISSN 0971-751X. Retrieved 28 April 2020.
  15. Ratcliffe, Rebecca (6 August 2019). "Kashmir: Pakistan will 'go to any extent' to protect Kashmiris". The Guardian. Retrieved 6 August 2019.
  16. Inside Kashmir's lockdown: 'Even I will pick up a gun', BBC News, 10 August 2019.
  17. "India revokes Kashmir's special status: All the latest updates". aljazeera. Retrieved 10 August 2019.
  18. Jammu & Kashmir Reorganisation Bill passed by Rajya Sabha: Key takeaways, The Indian Express, 5 August 2019.
  19. Krishnadas Rajagopal, President’s Order scraps its predecessor and amends Article 370, The Hindu, 5 August 2019.
  20. "PDP MPs tear Constitution, removed from Rajya Sabha". India Today. Delhi. 5 August 2019. Retrieved 6 August 2019.
  21. "Regional parties' support ensures smooth adoption of resolution on Article 370, J&K bifurcation bill". The Times of India. 5 August 2019. Retrieved 6 August 2019.
  22. Already, Rajya Sabha Clears J&K As Union Territory Instead Of State, NDTV, 5 August 2019.
  23. PTI (5 August 2021). "Regional parties' support ensures smooth adoption of resolution on Article 370, J&K bifurcation bill". The Times of India. Retrieved 6 August 2019.CS1 maint: uses authors parameter (link)
  24. Desk, The Hindu Net (6 August 2019). "Parliament Live | Lok Sabha passes Jammu and Kashmir Reorganisation Bill, Ayes: 370, Noes 70". The Hindu. ISSN 0971-751X. Retrieved 6 August 2019.
  25. "Kashmir LIVE | Lok Sabha passes Bill to bifurcate J&K; revokes Article 370". Deccan Herald. 5 August 2019. Retrieved 6 August 2019.
  26. "Parliament LIVE UPDATES: Bill to divide J&K into two Union Territories passed in Lok Sabha". The Indian Express. 6 August 2019. Retrieved 6 August 2019.
  27. "Article 370 Kashmir Updates: Modi says passage of key bills on J&K a tribute to Sardar Patel, SP Mookerjee and BR Ambedkar". Firstpost. Retrieved 6 August 2019.
  28. Aug 6, PTI | Updated; 2019; Ist, 21:30. "Jammu Kashmir News: Bill to bifurcate J&K, resolution to scrap Article 370 get Parliament nod | India News – Times of India". The Times of India. Retrieved 6 August 2019.CS1 maint: numeric names: authors list (link)
  29. http://egazette.nic.in/WriteReadData/2019/210407.pdf
  30. Writ Petition (Civil) No. 1048 of 2019. (Supreme Court of India)— via Livelaw.in. Archived on 11 November 2020.
  31. Order S.O. 1229(E) (PDF). Ministry of Home Affairs: Department of Jammu, Kashmir and Ladakh Affairs. New Delhi: The Gazette Of India Extraordinary. 2020. Archived from the original (PDF) on 17 June 2020.CS1 maint: others (link)
  32. ANI (1 April 2020). "MHA orders adaptation of state laws of J-K, jobs to be reserved for "domicile"". Business Standard India. Retrieved 29 October 2020.
  33. "Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020". pib.gov.in. 1 April 2020. Archived (PDF) from the original on 17 June 2020. Retrieved 27 October 2020.
  34. Wani, Riyaz. "India's new domicile law for Jammu & Kashmir is making residents anxious". Quartz India. Retrieved 4 May 2020.
  35. Tripathi, Rahul (4 April 2020). "Centre notifies amendments to the act providing domicile reservation for govt jobs in Jammu & Kashmir". The Economic Times. Retrieved 4 May 2020.
  36. Rashid, Hakeem Irfan (1 April 2020). "Central government defines domicile for J&K; those who have lived in UT for 15 yrs, registered migrants & students". The Economic Times. Retrieved 4 May 2020.
  37. Ashiq, Peerzada (1 April 2020). "Kashmir parties oppose Centre's new domicile law". The Hindu. ISSN 0971-751X. Retrieved 4 May 2020.
  38. Singh, Vijaita (4 April 2020). "Union Home Ministry modifies Jammu & Kashmir domicile order, offers protection to all government posts". The Hindu. ISSN 0971-751X. Retrieved 4 May 2020.
  39. "Cabinet approves issuance of the Jammu & Kashmir Reorganisation (Adaptation of State Laws) Second Order, 2020 in relation of Jammu & Kashmir Civil Services (Decentralisation and Recruitment) Act". pmindia.gov.in. 20 May 2020. Retrieved 27 October 2020.
  40. "Jammu and Kashmir domicile rules: Centre trying to change demography of UT, claim politcial parties". The New Indian Express. PTI. 19 May 2020. Retrieved 20 May 2020.CS1 maint: others (link)
  41. "Cabinet approves J&K (Adaptation of State Laws) 2nd Order, 2020". www.newsonair.com. Retrieved 28 October 2020.
  42. "Centre notifies new laws allowing anyone to buy land in J&K, Ladakh". Scroll.in. 27 October 2020. Retrieved 27 October 2020.
  43. "Centre notifies new laws allowing any Indian citizen to buy land in Jammu and Kashmir, Ladakh". Firstpost. 27 October 2020. Retrieved 27 October 2020.
  44. "Reorganisation of J&K internal affair: India slams China over Kashmir statement". Press Trust of India. 31 October 2019. Retrieved 2 November 2019 via The Times of India.
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