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How The State Of Jammu & Kashmir Will Cease To Exist

Darpan News Desk IANS, 05 Aug, 2019
  • How The State Of Jammu & Kashmir Will Cease To Exist

Following is the broad framework of how the state of Jammu and Kashmir will cease to exist after Centre's decision to scrap Article 370 of the Constitution giving special status to Jammu and Kashmir:


The Jammu and Kashmir Reorganisation Bill 2019:


*A Union Territory of Ladakh will be formed;


* It will contain Kargil and Leh districts;


* A Union Territory of Jammu and Kashmir will be formed;


* It will contain all the areas other than Ladakh and Leh.

 

Status of Governor:

* Governor of existing state of Jammu and Kashmir will be Lieutenant governor of UT of Jammu and Kashmir and UT of Ladakh.


Representation in Council of States

* Four sitting RS members from J&K will be deemed to be members of UT of J&K. Their term remains unaltered.


Representation in Lok Sabha:

* UT of J&K will have five LS seats;

* UT of Ladakh will have one LS seat;


L-G, Assembly of J&K:

*The provisions contained in Article 239A, which are applicable to 'Union territory of Puducherry', shall also apply to the 'Union territory of Jammu and Kashmir';

* The legislative assembly will have 107 seats with direct elections. (J&K assembly earlier had 111 seats out of which 87 elected);

* 24 seats in Pakistan Occupied Kashmir (PoK) will remain vacant (same as in earlier assembly)

* L-G can nominate two women members to the assembly;

* The term of the assembly will be five years (as against six years earlier)

* Central laws have been made applicable to UTs of Jammu and Kashmir and Ladakh


Government proposes delimitation of assembly segments:

* There will be reorganization of assembly segments and constituency maps will be redrawn;

* At the moment Jammu region has 37 assembly segments and Kashmir has 46


What Art 370 prevented:

* Implementation of Right to Information;

* Right to Education;

* Comptroller & Auditor General's scrutiny;

* Freedom from Sharia law for women in Kashmir

* Rights to panchayats;

* Reservation of 16% for minorities such as Hindus and Sikhs;

* Indians from other states from buying or owning land in Kashmir;

* Stopping Pakistanis from getting Indian citizenship by marrying Indian women from Kashmir.

 

HOW INDIA'S NEW UTS J&K, LADAKH WILL FUNCTION


The Centre on Monday revoked Article 370 of the Constitution which gives special status to Jammu and Kashmir and brought in the J&K Reorganisation Bill 2019 which splits the state into two Union Territories: Jammu and Kashmir with an Assembly and Ladakh without one.


After the Union Cabinet's decision, Union Home Minister Amit Shah on Monday proposed to scrap Article 370 and moved two resolutions and two Bills in the Rajya Sabha.


1. Constitution (Application to Jammu and Kashmir) order, 2019: This is as per provisions of Article 370 (1). Exercising powers, President revoked Article 370. It shall come into force at once, and shall thereupon supersede the Constitution (Application to Jammu and Kashmir) Order, 1954 as amended from time to time.


2. Resolution for Article 370: It ceases to exist, as per Article 370(3). In the present situation, simple majority of both the houses needed to pass the resolution. The expression "Constituent Assembly of the State referred to in clause (2)" shall read "Legislative Assembly of the State".


3. Bill for reorganisation of J&K: It is to reorganise the state into two separate Union Territories -- Jammu and Kashmir, which will have a legislature, and Ladakh, which will be without a legislature. The new J&K Union Territory will comprise the territories of current Jammu and Kashmir regions. The Governor of current J&K will be the Lt Governor of the J&K and Ladakh UTs.


The J&K Assembly will have a term of five years and will have 107 MLAs strength. Out of 107 MLAs, 24 seats will be left vacant of PoK region. The outgoing Assembly had 111 members, in which 87 were elected members, 2 were nominated, while 24 seats in PoK were left vacant.


Rajya Sabha to continue to host four sitting members from current J&K. Five Lok Sabha seats have been allocated to J&K Union Territory and one for Ladakh UT. All the bills passed by the Assembly will be sent to LG for his consent. LG can give his assent, withhold it or send the bill for consideration of the President.


4. Bill for reservation of 10% for EWS in J&K: The Jammu and Kashmir Reservation (Second Amendment) Bill, 2019 for implementation of the 10 percent Economically Weaker Section (EWS) quota in the state. After the bill is passed by the Parliament, all residents of the state with income below Rs 8 lakh per annum would benefit from 10 per cent quota. It was approved by the Union Cabinet on July 31.


The proposed legislation could not be brought before the Jammu and Kashmir Assembly which has been dissolved. Parliament has earlier passed the Jammu and Kashmir Reservation (Amendment) Bill, 2019 which provides people living near the International Border in Jammu and Kashmir to get the benefit of reservation in jobs, promotion, and educational institutions on par with those living along the Line of Control (LoC).

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