THE REORGANIZATION BILL 2019
- While the Union Territory of Jammu and Kashmir will have a legislature, the one in Ladakh will not.
- The notification by the president has effectively allowed the entire provisions of the Constitution, with all its amendments, exceptions and modifications, to apply to the area of Jammu and Kashmir.
- The Bill proposes wide powers to the Lieutenant Governor of the proposed Union Territory of Jammu and Kashmir and makes it the “duty” of the Chief Minister of the Union Territory to “communicate” all administrative decisions and proposals of legislation with the LG.
- All Central laws and State laws of J&K would apply to the new Union Territories of J&K and Ladakh.
- The flag and constitution of Jammu and Kashmir, as well as the Ranbir Penal Code (RPC), cease to exist, with the Indian Penal Code (IPC) now extending to both UTs.
- The two new UTs, Ladakh and J&K, officially came into existence on the 144th birth anniversary of Sardar Vallabhbhai Patel (31st October 2019), who is credited for the merger of over 560 princely states into the Union of India.
The police and public order are to be with the Centre.
The notification amends the expression “Constituent Assembly”, contained in the proviso to clause (3) of Article 370, to mean “Legislative Assembly”.
Assembly seats in the Jammu and Kashmir:
- The Reorganization Bill, 2019 envisages the total number of Legislative Assembly seats 114 in the UT Jammu and Kashmir.
- The Union Territory of J&K will have a 114 member elected Assembly and a Chief Minister whereas the Union territory of Ladakh will be controlled directly by the LG (i.e. without an Assembly).
- Out of these 114 seats, 24 seats will remain vacant because these seats are in the Pakistan Occupied Kashmir (POK) which is illegally occupied by Pakistan.
- After the abolition of article 370; some seats will be reserved for the Scheduled Castes and Scheduled Tribes in proportion to their population in the Union Territory of Jammu and Kashmir.
- In addition to this, the Lieutenant Governor may nominate two women members if they are not adequately represented.
Legislative powers of the Union Territory of Jammu and Kashmir:
1) The Legislative Assembly may make laws for the whole or any part of the Union Territory of Jammu and Kashmir with respect to any of the matters enumerated in the state list except on subjects “public order” and “police” which will remain in the domain of the Centre vis-a-vis the LG.
2) In case of inconsistencies between laws made by Parliament and laws made by the Legislative Assembly, earlier law shall prevail and law made by the Legislative Assembly shall be void.
3) The role of the Chief Minister will be to communicate to the L-G all decisions of the Council of Ministers relating to the administration of affairs of the Union Territory and proposals for legislation and to furnish such information relating to the administration of affairs as the L-G may call for.
4) Council of Ministers:
- The Union Territory of Jammu and Kashmir will have a Council of Ministers to aid and advise the Lieutenant Governor.
- The size of the council of the Minister will not be more than 10% of the total number of members in the Assembly.
- The Chief Minister will communicate all decisions of the Council to the Lieutenant Governor like the Chief Minister of Delhi and Puducherry do.
Role and powers of the Lieutenant Governor:
I. The Bill specifies that the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh will have a common Lieutenant Governor.
II. Appointment of L-G in Ladakh: The President shall appoint the L-G under article 239. The L-G will be assisted by advisors appointed by the Centre since the Union Territory will not have a Legislative Assembly.
III. In the case of Union Territory of Jammu and Kashmir, the L-G shall “act in his discretion” on issues which fall outside the purview of powers conferred on the Legislative Assembly, in which he is required to exercise any judicial functions, and/or matters related to All India services and the Anti-Corruption Bureau.
IV. The Chief Minister shall be appointed by the L-G who will also appoint other ministers with the aid of the CM. The L-G shall also administer the oath of office and of secrecy to ministers and the CM.
V. The L-G will have the power to promulgate ordinances which shall have the same force and effect as an act of the Legislative Assembly assented by the LG.
Common High Court in the UTs:
• The High Court of Jammu and Kashmir will be the common High Court for the Union Territories of Jammu & Kashmir and Ladakh.
• In addition to this, there would be an Advocate General to provide legal advice to the government of the Union Territory of J&K.
The extent of laws:
• Now after the abolition of article 370; there are 153 state laws of Jammu and Kashmir that have also been repealed.
• This includes the lifting of prohibitions on the lease of land to persons who are not permanent residents of Jammu and Kashmir.
• Now 106 laws of the central list will be applicable to Union Territories of Jammu and Kashmir and Ladakh on a date notified by the central government. These new laws will be; Right to Education Act, 2009, Right to Information Act, 2005, Indian Penal Code 1860, Aadhaar Act, 2016.
Administration of UTs
• Articles 239 to 241 in Part VIII of the Constitution deal with the union territories.
• Every union territory is administered by the President acting through an administrator appointed by him.
• The President can specify the designation of an administrator; it may be Lieutenant Governor or Chief Commissioner or Administrator.
• The Parliament can make laws on any subject of the three lists (i.e. Union, State and Concurrent) for the union territories.
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