J&K Reorganisation Act 2019.pdf

JK REORGANISATION ACT AND DESCRIPTION

1. J&K REORGANISATION ACT,
2019
IMPORTANT FOR ALL UPCOMING EXAMS
BY REVA MAM

3. IMPORTANT FACTS
Bill introduced in by Home Minister Amit Shahin
Rajya Sabha -5 August, 2019
Passed by RS
Favour –125 Members
Against –61 Members
Bill introduced in lok Sabha -6 August, 2019
Passed -Favour –370 Members
Against –70 Members

4. Reaction of the Bill in RS
1.Two Members of PDP tore copies of Indian
Constitution
2.Congress –walk out
3.Members JantaDal–Boycotted voting
Reaction of the Bill in LS
1.All India TrinamoolCongress & JantaDal–Walk Out
2.INC, Nationalist Congress, Samajwadiparty –
Opposed Bill

5. This lead up to move –35000 Paramilitary troops in
Kashmir
FEATURES OF THE ACT
1. A370 Revoked –Power conferred by clause (3) of
article 370 read with clause (1) of A370
President on the recommendation of
parliament, please to declare that from 6
August 2019, all clauses of A370 shall
cease to operate

6. 2. This act supersede-1954 Presidential order (35 A)
3. A239 A-applicable to J&Ksimilar to
UT Puducherry(with legislature)
Ladakhsimilar to –UT Chandigarh
(without Legislature)
Article 3: Empowers Indian Parliament to form a state
by separation of UT or by uniting two or more states
or part of states
Enacted by Parliament in the 70
th
Year of the Republic
of India

7. THE JAMMU AND KASHMIR REORGANISATION ACT, 2019
Act
contains
103
Sections
14
Parts
5
Schedules

8. INDEX
PART I-PRELIMINARY
PART II-REORGANISATION OF THE
STATE OF JAMMU AND KASHMIR
PART III-REPRESENTATION IN THE
LEGISLATURES
PART IV-ADMINISTRATION OF UNION
TERRITORY OF LADAKH
PART V-DELIMITATION OF
CONSTITUENCIES

9. PART VI-SCHEDULED CASTES AND
SCHEDULED TRIBES
PART VII-MISCELLANEOUS AND
TRANSITIONAL PROVISIONS
PART VIII-HIGH COURT
PART IX-ADVOCATE-GENERAL OF
UNION TERRITORY OF JAMMU AND
KASHMIR
PART X-AUTHORISATION OF
EXPENDITURE AND DISTRIBUTION OF
REVENUES

10. PART XI-APPORTIONMENT OF
ASSETS AND LIABILITIES
PART XII-PROVISIONS AS TO
CERTAIN CORPORATIONS AND
ANY OTHER MATTERS
PART XIII PROVISIONS AS TO
SERVICES
PART XIV
LEGAL AND MISCELLANEOUS
PROVISIONS

11. THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
THE THIRD SCHEDULE.
THE FOURTH SCHEDULE.
THE FIFTH SCHEDULE.

12. Part I-Preliminary
oSec. 1 Short title —This Act may be called the Jammu
and Kashmir Reorganization Act, 2019
oSec. 2 Definitions
Part II-Reorganization of the state of Jammu and
Kashmir
oSec.3 Formation of Union territory of Ladakhwithout
Legislature-comprising “Kargiland Lehdistricts”,

13. Sec. 4 Formation of UT of J&K with Legislature-comprising
the territories other than those specified in sec. 3
Sec.5 Governor of J and K -Lieutenant Governor of J&kUT
and Ladakh
Sec 6. Amendment of 1
st
Schedule of the Constitution
I. THE STATES-entry 15 -delete
Entries from 16 to 29 -renumbered as 15 to 28

14. Under the heading -II: UT after entry 7
8-J and K, 9-Ladakh
Sec.7 Saving powers of the Govt. of UT of J& K
Sec. 3-6 doesn’t affect the power of the Govt. of UT
of J&K
It can alter, the name, area or boundaries of any area
of UT

15. PART III-REPRESENTATION IN THE LEGISLATURES
(The Council of States)
Section=9 Council of states (RS)
Members= 4 (MP)
The House of the People (LS)
Section 10: 5 Seats J&K
1 seat Ladakh
Section 11: The Election Commission –common
Section 12. Provision as to sitting members-Members
of LS term –unaltered

16. Section 13: Article 239A of Constitution-J&K UT as
Puducherry(14
th
Constitution Amendment Act -1962)
Section14.Legislative Assembly for the Union Territory
of Jammu and Kashmir and its composition
1)Administrator appoint -article 239 for UT of J&K and
shall be designated as Lt. Governor
2) There shall be a Legislative Assembly for J&K
3) The total number of seats in the Legislative Assembly
-107

17. 4) 24 seats –vacant for POK
5) The Delimitation of Assembly Constituencies Order,
1995,as applicable to UT-amended as directed in the
3
rd
Schedule of this Act.
6) Seats -reserved for SCs and STs in Legislative
Assembly
7) Seats reserved –acc. To proportion of their
population to the total population
8) Reservation-for SCs and STs in the LA of J and K
cease -on the same date on which the reservation of
seats for SCs and STs in LS -cease -Article 334

18. Section 15. Representation of women-
LG nominate two members to the LA -if in his
opinion, women are not adequately represented
Section 16. Qualification for membership of LA
a. Citizen of India
b. Not less than 25 years
Section 17.Duration of LA : 5 years
18. Sessions of Legislative Assembly, prorogation and
dissolution:
1) LG –LA meeting –not exceed 6 months

19. 2) The LG may, from time to time,—
a) prorogue the House;
b) dissolve the LA
Section 19. Speaker and Deputy Speaker of LA
LA choose-Speaker and Deputy Speaker
To remove Speaker and Deputy Speaker
At least 14 days’ notice
Section 20. Speaker or Deputy Speaker not to preside
while a resolution for his removal from office is under
consideration

20. Section 21. Special address by LG to LA:
At the commencement –1
st
session after each general
election to the LA and the 1
st
session of each year-LG
address LA
Section 22. Rights of Ministers and Advocate General -
to speak and to take part in the proceedings of the LA
Section 23. Rights of LG to address and send messages
to the LA –With Respect to a Bill pending

21. Section 24. Oath or affirmation by members-LG
Section 25. Voting in Assembly, power of Assembly to
act notwithstanding vacancies and quorum
The Speaker -shall not vote
But vote -in the case of an equality of votes
Quoram–10 members or 1/10
th
of the total members
of the LA, which ever is greater
If there is no quorum, it shall be the duty of the
Speaker-either to adjourn the LA or to suspend the
meeting until there is a quorum

22. Section 26. Vacation of seats
No person shall be a member both of Parliament and
of LA
If a member absent from all meetings for 60 days
without permission of LA –LA can declare his seat
Vacant
Section 27. Disqualifications for membership
Section 28. Disqualification on ground of defection for
being a member -The provisions of the 10
th
Schedule to the Constitution apply to members of LA

23. Section 29. Penalty for sitting and voting before making
oath or affirmation or when not qualified or when
disqualified –Rs. 500
Section 32. Extent of legislative power
LA -Make laws for whole or any part of the UT
with respect to any of the matters -in the State List
except the subjects mentioned at entries
1 and 2, namely “Public Order” and “Police”
respectively or the Concurrent List in the 7
th
Schedule to the Constitution of India

24. Section 35. Inconsistency between laws made by
Parliament and laws made by LA
Section 41. Annual financial statement
Section 47. Official language or languages of UT and
language or languages to be used in LA thereof
The business in the LA of the UT-official language of
the UT or Hindi/ English
Speaker of the LA -permit any member who can’t
express himself in any of the languages aforesaid -to
address the LA in his mother tongue

25. Section 48. Language to be used for Acts, Bills, etc.
English but if LA has prescribed any language other
than the English-a translation of the same in the
English language published under the authority of the
LG in the Official Gazette
Section 49. Restriction on discussion in the LA -with
respect to the conduct of any judge of the Supreme
Court or of a High Court in the discharge of his duties
Section 50. Courts not to inquire into proceedings of LA

26. J&K REORGANISATION ACT,
2019
IMPORTANT FOR ALL UPCOMING EXAMS
PART-2

27. Section 53. Council of Ministers
Not more than 10% of the total members in the LA.
CM-Head & advise the LG in the exercise of his
functions
Section 54. Other provisions as to Ministers
Appointment: CM-LG
Other ministers –by LG, with advice of CM
Oath –LG
Section 56. Duties of Chief Minister as respects the
furnishing of information to the LG etc.

28. CM –duty to communicate to the LG, all decisions of the
Council of Ministers relating to the administration of
the affairs of the UT
Legislative Council
Section 57. Abolition of Legislative Council of the State
of J&K
Legislative council abolished
Members cease to be such members and All Bills
pending in the Legislative Council immediately lapse

29. PART IV
ADMINISTRATION OF UT OF LADAKH
Section 58. Appointment of LG of UT of Ladakh.
1) Ladakhwill be administered by the President through
a LG -appointed by him under article 239.
2) The President may make regulations for the peace,
progress & good govt. of Ladakhunder article 240 of
the Constitution
4) LG -assisted by advisor(s) -appointed by the Central
Govt.

30. PART V
DELIMITATION OF CONSTITUENCIES
Section 59. Definitions
“Delimitation Commission” means the Delimitation
Commission-constituted under sec. 3 of the
Delimitation Act, 2002
“Election Commission” means-EC appointed by the
President under A 324 of the Constitution
“Parliamentary Constituency” means a constituency
provided by law for the purpose of
elections to the LS from UT of J&K and Ladakh

31. “Assembly Constituency” means a constituency
provided by law for the purpose of elections to the LA
Section 60. Delimitation of constituencies-Without
prejudice to sub-sections (3) of section 14 of this
Act, the no. of seats in the LA of J& K increase -from
107 to 114
Section 61. Power of Election Commission to maintain
Delimitation Orders up-to-date

32. PART VI
SCHEDULED CASTES AND SCHEDULED TRIBES
Section 65. Applicability of Scheduled Castes
Order-1956 –Applicable to J& K & ladakh
Section 66. Applicability of Scheduled Tribes
Order-1989 -Applicable to J& K & ladakh
PART VII-MISCELLANEOUS AND
TRANSITIONAL PROVISIONS
Section 67. Consolidated Fund of UT of J&K

33. Section 68. Public Account of the UT J & K and moneys
credited to it.
Section 69. Contingency Fund of UT J & K
Section 71. Form of accounts of UT J & K-
The accounts of the J& K shall be kept in such form as
the LG may, after obtaining advice of the Comptroller
and Auditor-General of India, prescribe by rules
Section 72. Audit Reports
The reports of the Comptroller and Auditor-General

34. of India relating to the accounts of UT J & K-for any
period -submitted to the LG who laid it before LA
Section 73. Provision in case of failure of constitutional
machinery.
If the President, on receipt of a report from the LG of
J&K is satisfied that
a) A situation has arisen in which the administration of
the UT cannot be carried on in accordance with the
provisions of this Act, the President -by order,
suspend the operation of all or any of the provisions
of this Act for such period as he thinks

35. fit and make such provisions as may appear to him to
be necessary for administering the UT of J& K
PART VIII-HIGH COURT
Section 75. High Court of J&kto be common High Court
–For J&K and Ladakh
PART IX-ADVOCATE-GENERAL OF UNION TERRITORY
OF JAMMU AND KASHMIR
Section 79. Advocate General for UT of J&K –
1) The LG -appoint a person who is qualified to be
appointed a Judge of the High Court –as Advocate-
General for UT

36. Function -advice to the Govt. of J&K upon legal
matters and to perform such other duties assigned to
him by the Govt. of UT
The Advocate-General -the right of audience in all
courts in the UT of J&K
Advocate-General -hold office during the pleasure of
the LG

37. PART X
AUTHORISATION OF EXPENDITURE AND DISTRIBUTION
OF REVENUES
Sec. 80 –83
PART XI-APPORTIONMENT OF ASSETS AND LIABILITIES
Section 84. Application of this Part-apportionment of
the assets and liabilities of the existing State of J&K
between the UT J&K and Ladakh
The apportionment –on the recommendations of a
committee constituted by the Central Govt.

38. COMMITTEE
Sanjay
Mitra
(chairman)
Arun
Goyal
Giriraj
Prasad
Gupta

39. PART XII
PROVISIONS AS TO CERTAIN CORPORATIONS AND ANY OTHER
MATTERS
Section 85. Advisory Committee(s)-within a period of 90
days
Section 86. Temporary provisions as to continuance of
certain existing road transport permits
PART XIII-PROVISIONS AS TO SERVICES
Section 88. Provisions relating to All India Services
Section 88 amended –through an ordinance by president -
members IAS,IPS, IFoS( Indian Forest Services) of existing
cadre of J&K –merged with AGMUT cadre.

40. What is AGMUT?
Arunachal Pradesh, Goa, Mizoram & UT cadre-an
official cadre of IAS, IPS & IFS officers for UT
Ordinance making power of president –A123
Section 93. Provisions as to State Public Service
Commission-be the Public Service Commission for
the UT of J&K
2) The Union Public Service Commission, with the
approval of the President-UT of Ladakh

41. SCHEDULES
The First Schedule:
UT of J&kMembers of Council of State
S.NOName of the sitting Member Term
1 FayazMir Mohammad 11/02/2015 to
10/02/2021
2 LawayShriNazirAhmed 16/02/2015
to15/02/2021
3 ManhasShriShamsherSingh 11/02/2015 to
10/02/2021
4 GhulamNabiAzad 16/02/2015 to
15/02/2021

42. The Second Schedule
UT J&K -Parliamentary Constituencies
S.No.Name of the
Constituency
Extent of Constituency
1 Baramulla BaramullaDistrict
2 Srinagar Srinagar District
3 Anantnag AnantnagDistrict
4 Udhampur Udhampur, Dodaand
KathuaDistricts
5 Jammu Jammu, Rajouriand
PoonchDistricts

43. UT of Ladakh: Parliamentary Constituency
Ladakh–LadakhDistrict
The Third Schedule
UT of J&K Assembly Constituencies
The Fourth Schedule:
•FORM OF OATH OR AFFIRMATION
The Fifth Schedule
CENTRAL LAWS MADE APPLICABLE TO THE UT OF J &K
AND UT OF LADAKH-103 clauses of this act –extend
106 central laws and 7 state laws with amendment

44. A-370 –Part XXI of Indian Constitution –
titled “ Temporary Transitional and Special Provisions”
A370 was drafted by –GopalaswamiAyyangar

45. DELIMITATION

46. Q .What is Delimitation?
Act of fixing or redrawing the limits or boundaries of
territorial constituencies (Assembly or Lok Sabha seat)
in a country or province having a legislative body as per the
Election Commission.
The delimitation exercise carried out by –an independent
high powered panel known as Delimitation
Commission-whose orders have the force of law and can’t
be questioned by any court.
Boundaries are redefined on basis of its population size
Base on last census

47. Q. Why is Delimitation Required?
•Uneven growth population in different constituencies
•Migration from rural to urban
Interim Report of J&K Delimitation Commission
Delimitation exercise start –June 2021 in J&K
Previous Distribution of J&kConstituencies
J&K state –87assembly seats
37
Jammu
46
Kashmir
4
Ladakh
24 seats
vacant –PoK

48. Major Recommendations of J&K Delimmitation
Commission
Commission –add 7 assembly constituencies to J&k–
increasing strength from 87-90
Total 7 seats –6 Jammu, 1 Kashmir
Total seats: Jammu-43 Kashmir –47
7 seats –SCs Hindus –Samba, Kathua, Jammu,
Udhampurbelt
9 seats –ST ( Gujjar–Bakerwals) –Rajouri-PoonchBelt
2 seats –Kashmiri Migrants (one must be a female )

49. Composition of Delimitation Commission
Retired SC Judge
Chief Election Commissioner
State Election Commissioner
The Delimitation Commission-appointed by President
and works in Collaboration with the Election
Commission of India

50. Composition of Delimitation Commission
Retired SC Judge-RanjanaPrakashDesai (Head)
Chief Election Commissioner –SushilChandra
State Election Commissioner-K.K Sharma

52. THANK YOU