Jammu & Kashmir becomes two Union Territories; No Legislative Assembly for UT of J&K (for now)

Murali Krishnan October 31 2019
Jammu & kashmir

The State of Jammu & Kashmir has ceased to exist from today. The Jammu and Kashmir Reorganisation Act, 2019 has come into force, bifurcating the erstwhile State into two Union Territories – Union Territory of Jammu & Kashmir and Union Territory of Ladakh.

The President’s rule that had been imposed in the erstwhile State in December 2018 has been revoked. However, though the Jammu and Kashmir Reorganisation Act, 2019 provides for a Legislative Assembly and a Lieutenant Governor for administration of the Union Territory of Jammu & Kashmir, those provisions in the Act currently remain suspended. The administration of the Union Territory of Jammu & Kashmir shall currently be through the President itself.

Pursuant to Section 103 of the Act, the President of India has issued an order detailing the removal of difficulties arising due to the Act coming into force.

Some of the important consequences are as follows:

High Court

The High Court of Jammu & Kashmir will continue as a common High Court for the two new Union Territories.

The existing judges of the High Court holding office immediately before the appointed day shall be deemed to have been appointed under  Article 217 of the Constitution, shall be deemed to have taken oath or affirmation under Article 219 of the Constitution, and shall continue to function as judges of the common High Court for the two Union Territories.

Laws

All Central laws which were applicable to the existing State immediately before the appointed day (October 31, 2019) shall continue to apply to the Union Territory of Jammu & Kashmir and the Union Territory of Ladakh, in addition to the laws mentioned in Table-I of the Fifth Schedule.

All those Central laws, Ordinances and rules which are applicable to the whole of India except the existing State of Jammu & Kashmir immediately before the appointed day, shall now be applicable to the new Union Territories, in addition to the Central laws specified in Table -1 of the of Fifth Schedule to the principal Act.

The Jammu and Kashmir Bovine Breeding (Regulation of Production, Sale of Bovine Semen and Artificial Insemination) Act, 2018, the Jammu and Kashmir Single Window (Industrial Investment and Business Facilitation) Act, 2018, the Jammu and Kashmir Metropolitan Region Development Authorities Act, 2018 and the Jammu and Kashmir National Law University Act, 2018 shall continue to apply to the two Union Territories until altered, repealed or amended by a competent Legislature or other competent authority.

The Jammu and Kashmir Goods and Services Tax Act, 2017 shall be applicable to the Union Territory of Jammu & Kashmir and the Union Territory Goods and Services Tax Act, 2017 shall be applicable to the Union Territory of Ladakh.

The Central Government may, before the expiration of one year from the appointed day, adapt or modify any law made applicable to the successor Union Territories before the appointed day.

Anything done or any action taken including any appointment or delegation made, notification, instruction or direction issued, form, bye-law or Scheme framed, certificate obtained, permit or licence granted or registration effected or agreement executed under any law shall be deemed to have been done or taken under the corresponding provisions of the Central laws now extended and applicable to the Union Territories.

Persons holding office under Constitution of J&K

Any person who has taken an oath or made an affirmation before holding office or position as such under the Constitution of Jammu and Kashmir or any other law in force in the existing State immediately before the appointed day shall be deemed to have taken such oath or affirmation under the Constitution of India or any other law applicable to the Union Territories.

Any authority constituted under any law in the erstwhile state immediately in force before the appointed day shall be deemed to have been constituted under the  corresponding provisions of the Central laws applicable to the Union Territories, until a new authority is constituted under the law.

Expenses out of Consolidated Fund of India

The President has authorised the expenditure out of the Consolidated Fund of the Union Territory of Jammu & Kashmir, pending the sanction of such expenditure by Parliament.

However, no such order has been issued yet with respect to the Union Territory of Ladakh.

President’s rule of December 2018 revoked

President’s rule in the erstwhile State has been revoked. A notification to that effect states:

"In exercise of the powers conferred by clause (2) of article 356 of the Constitution, I, Ram Nath Kovind, President of India, hereby revoke the proclamation issued by me under the said article on the 19th December, 2018 in relation to the State of Jammu and Kashmir."

However, the Union Territory of Jammu & Kashmir shall still be understood to be under President’s rule.

Section 14 of the Jammu and Kashmir Reorganisation Act, 2019 provides for a Legislative Assembly for the Union Territory of Jammu & Kashmir, with the administration being carried out under the authority of a Lieutenant Governor appointed under Article 239 of the Constitution of India.

However, Section 73 of the Act provides that the President can suspend any of the provisions of the Act if he is satisfied on a report from the Lieutenant Governor, or if a situation has arisen in which the administration of the Union Territory cannot be carried on in accordance with the provisions of the Act.

In exercise of the said powers, the President has, by an order issued today, suspended the following provisions of the Act:

sections 17 to 26 (both inclusive); sections 29 to 34 (both inclusive); sections 36 to 49 (both inclusive); sub-section (1) and sub-section (3) of section 53; section 54; so much of section 55 as relates to acting on the advice of the Council of Ministers; section 56; section 63; so much of section 68 and sub-section (3) of section 69 as relates to acting on the advice of the Council of Ministers; and first proviso to sub-section (1) of section 83.

The order states that the President received a report from the Governor of the State of Jammu & Kashmir, and after considering the report and other information received, the President is satisfied that a situation has arisen in which administration of the Union Territory of Jammu & Kashmir cannot be carried on in accordance with the provisions of the 2019 Act.

Hence, the order proclaims that the President of India shall assume all functions of the government and all powers vested in the Lieutenant Governor of the Union Territory of Jammu & Kashmir. The order also declares that the powers of the Legislature or Legislative Assembly shall be exercisable by or under the authority of Parliament.

[Read Orders and Notifications]

proclamation of revocation of presidents rule

 

no legislative assembly notification

 

Order on removal of difficulties

 

Order consolidated fund of india kashmir