Amendments to existing lawsLegislation Updates

Jammu and Kashmir Reorganisation (Amendment) Bill, 2019 is a bill to provide for the reorganisation of the existing State of Jammu and Kashmir and for matters connected therewith or incidental thereto.

As stated by Union Home Minister, Amit Shah, The Ladakh Division of the State of Jammu and Kashmir has a large area but is sparsely populated with 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 realize 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 the legislature.

The Bill consists of 103 Sections, out of which a few have been listed down:

Part 2

Reorganisation of the State of Jammu and Kashmir

Section 3

Formation of Union territory of Ladakh without Legislature. It will comprise of Kargil and Leh Districts.

Section 4

Formation of Union territory of Jammu and Kashmir with Legislature

Section 5

Governor of existing State of Jammu and Kashmir to be Common Lieutenant Governor; Whereas UT of Ladakh for such period as may be determined by President.

Section 10

Representation in House of the People 5 seats to the successor UT of Jammu and Kashmir and 1 seat to UT of Ladakh, in the House of the People.
Section 11 Delimitation of Parliamentary Constituencies Order 1976.

Section 13

Applicability of Article 239A of Constitution. Provisions contained in Article 239A, which are applicable to “UT of Puducherry”, shall also apply to the “UT of Jammu and Kashmir”
Section 33 Exemption of property of the Union from taxation

Section 35

Inconsistency between laws made by Parliament and laws made by Legislative Assembly.

Section 36

Special provisions as to financial Bills A Bill or amendment shall not be introduced into, or moved in, the Legislative Assembly except on the recommendation of the Lieutenant Governor

Section 39

When a Bill is reserved by Lieutenant Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent

Section 47

The Legislative Assembly may by law adopt any one or more of the languages in use in the Union territory of Jammu and Kashmir or Hindi as the official language or languages to be used for all or any of the official purposes of the Union territory of Jammu and Kashmir.

Section 49

No discussion shall take place in the Legislative Assembly with respect to the conduct of any judge of the Supreme Court or of a High Court in the discharge of his duties

Section 57

Abolition of Legislative Council of the State of Jammu and Kashmir.
Part IV Administration of UT of Ladakh

Section 73

Provision in case of failure of Constitutional machinery. If the President, on receipt of a report from the Lieutenant Governor of Union territory of Jammu and Kashmir, or otherwise, is satisfied,—

 

(a) that a situation has arisen in which the administration of the Union territory of Jammu and Kashmir cannot be carried on in accordance with the provisions of this Act, or

 

(b) that for the proper administration of Union territory of Jammu and Kashmir it is necessary or expedient so to do,

the President may, by order, suspend the operation of all or any of the provisions of this Act for such period as he thinks fit and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the Union territory of Jammu and Kashmir in accordance with the provisions of this Act.

Section 75

High Court of Jammu and Kashmir to be common High Court. 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

*Refer the Bill as introduced in the Rajya Sabha: Jammu and Kashmir Reorganisation (Amendment) Bill, 2019


Rajya Sabha

Bill No. XXIX of 2019