Jammu and Kashmir Reorganisation Act, 2019: Difference between revisions
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The introduction of the bill was preceded by a Presidential Order under the [[Article 370]] of the Indian constitution, which superseded the [[The Constitution (Application to Jammu and Kashmir) Order, 1954|1954 Presidential Order]] and made, inter alia, all the provisions of the Indian constitution applicable to the State of Jammu and Kashmir.{{efn|The 1954 Order had made only certain Articles of the Indian constitution applicable to the State and others with various exceptions and provisos. Further orders extended its scope, but fell short of extending the full scope of the Indian constitution to the State.}} The 1954 Order had a proviso to the Article 3 of the Indian constitution, stating that the Union would not alter the area, name and the boundaries of the State of Jammu and Kashmir. Its revocation paved the way for the introduction of the Reorganisation Bill.<ref name=Rajagopal>Krishnadas Rajagopal, [https://www.thehindu.com/news/national/explained-presidents-order-scraps-its-predecessor-and-amends-article-370/article28826722.ece?homepage=true President’s Order scraps its predecessor and amends Article 370], The Hindu, 5 August 2019.</ref> |
The introduction of the bill was preceded by a Presidential Order under the [[Article 370]] of the Indian constitution, which superseded the [[The Constitution (Application to Jammu and Kashmir) Order, 1954|1954 Presidential Order]] and made, inter alia, all the provisions of the Indian constitution applicable to the State of Jammu and Kashmir.{{efn|The 1954 Order had made only certain Articles of the Indian constitution applicable to the State and others with various exceptions and provisos. Further orders extended its scope, but fell short of extending the full scope of the Indian constitution to the State.}} The 1954 Order had a proviso to the Article 3 of the Indian constitution, stating that the Union would not alter the area, name and the boundaries of the State of Jammu and Kashmir. Its revocation paved the way for the introduction of the Reorganisation Bill.<ref name=Rajagopal>Krishnadas Rajagopal, [https://www.thehindu.com/news/national/explained-presidents-order-scraps-its-predecessor-and-amends-article-370/article28826722.ece?homepage=true President’s Order scraps its predecessor and amends Article 370], The Hindu, 5 August 2019.</ref> |
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Prior to the introduction of the Bill, the Union government locked down the [[Kashmir Valley|Kashmir valley]], with a surge in |
Prior to the introduction of the Bill, the Union government locked down the [[Kashmir Valley|Kashmir valley]], with a surge in security forces, imposition of [[Section 144]] preventing assembly, and placing political leaders under house arrest.<ref>[https://www.ndtv.com/india-news/article-370-jammu-and-kashmir-live-updates-resolution-to-revoke-article-370-in-lok-sabha-today-2080833 Article 370 Jammu And Kashmir LIVE Updates: "Abuse Of Executive Power," Rahul Gandhi Tweets On Article 370 Removal], NDTV, 6 August 2019.</ref> The State had been first under [[Governor's rule]] and then under [[President's rule]] since 20 June 2018, after the coalition government headed by [[Mehbooba Mufti]] lost support from the [[Bharatiya Janta Party]]. |
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=== Rajya Sabha === |
=== Rajya Sabha === |
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Revision as of 15:24, 8 August 2019
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| Parliament of India | |
|---|---|
| |
| Citation | Bill No. XXIX of 2019 |
| Enacted by | Rajya Sabha |
| Enacted | 5 August 2019 |
| Enacted by | Lok Sabha |
| Enacted | 6 August 2019 |
| Signed by | President of India |
| Signed | TBA |
| Effective | TBA |
| Legislative history | |
| First chamber: Rajya Sabha | |
| Introduced by | Amit Shah Minister of Home Affairs |
| Introduced | 5 August 2019 |
| Status: Not yet in force | |
The Jammu and Kashmir Reorganisation Bill, 2019, was introduced by the Indian Home minister Amit Shah in the upper house of the Indian Parliament, Rajya Sabha, on 5 August 2019. The Bill was passed in Rajya Sabha on 5 August 2019 and passed in Lok Sabha on 6 August 2019.[1][2] The Bill proposes to reorganise the State of Jammu and Kashmir into two Union Territories, one to be called Jammu and Kashmir, and the other Ladakh.
The introduction of the Bill was preceded by a Presidential Order under Article 370 of the Indian constitution declaring, inter alia, that all the provisions of the Indian Constitution would be applicable to Jammu and Kashmir. This enabled the Indian Parliament to enact legislation that would rearrange the State's organisation.
Background
Article 370 of the Constitution of India gave Jammu and Kashmir special status – in contrast to other states of India, Jammu and Kashmir had its own constitution and administrative autonomy within the region.[3] In particular, Indian citizens from other states could not purchase land or property in Jammu and Kashmir.[4]
Jammu and Kashmir has three distinct areas: Hindu-majority Jammu, Muslim-majority Kashmir and Buddhist-majority Ladakh.[5] Violence and unrest persisted in the Indian-administered Muslim majority areas and, following a disputed state election in 1987, an insurgency persisted in protest over autonomy and rights.[6][7] The Bharatiya Janata Party came to power in the 2014 Indian general election and five years later included in their 2019 election manifesto the revocation of Article 370 of the Constitution of India, in order to bring Jammu and Kashmir to equal status with other states.[5]
Details of the bill
The Jammu and Kashmir Reorganisation Bill proposes to reorganise the State of Jammu and Kashmir into two Union Territories, the Union Territory of Jammu and Kashmir, and the Union Territory of Ladakh. The former will have a legislative assembly whereas Ladakh will be administered by a Lieutenant Governor alone. The Union Territory of Ladakh will include the districts of Leh and Kargil. All other districts will remain with Jammu and Kashmir.[1]
Out of the six seats allocated to the State of Jammu and Kashmir, one will be allocated to Ladakh and the remaining five will remain with the Union Territory of Jammu and Kashmir. The High Court of Jammu and Kashmir will function as the High Court for both the Union Territories.[1]
Union Territory of Jammu and Kashmir
The administration of the Union Territory of Jammu and Kashmir will be as per the Article 239 of the Constitution of India. The Article 239A, originally formulated for the Union Territory of Puduchery, will also be applicable to Jammu and Kashmir.[1]
The Union Territory will be administered by a Lieutenant Governor appointed by the President of India. It will have a legislative assembly of 107 to 114 members, whose tenure will be five years. The legislative assembly may make laws for any of the matters in the State List except "public order" and "police", which will remain the preserve of the Union government.[1]
A Council of Ministers including a Chief Minister will be appointed by the Lieutenant Governor from the membership of the legislative assembly. Their role will be to advise the Lieutenant Governor in the exercise of functions in matters under the jurisdiction of the legislative assembly. In other matters, the Lieutenant Governor is empowered to act in his own capacity. The Lieutenant Governor will also have the power to promulgate ordinances which will have the same force as the acts of the legislature.[1]
Enactment
The Bill was introduced by the Home minister Amit Shah in the Rajya Sabha, the Upper House of the Indian Parliament, on 5 August 2019.
The introduction of the bill was preceded by a Presidential Order under the Article 370 of the Indian constitution, which superseded the 1954 Presidential Order and made, inter alia, all the provisions of the Indian constitution applicable to the State of Jammu and Kashmir.[a] The 1954 Order had a proviso to the Article 3 of the Indian constitution, stating that the Union would not alter the area, name and the boundaries of the State of Jammu and Kashmir. Its revocation paved the way for the introduction of the Reorganisation Bill.[8]
Prior to the introduction of the Bill, the Union government locked down the Kashmir valley, with a surge in security forces, imposition of Section 144 preventing assembly, and placing political leaders under house arrest.[9] The State had been first under Governor's rule and then under President's rule since 20 June 2018, after the coalition government headed by Mehbooba Mufti lost support from the Bharatiya Janta Party.
Rajya Sabha
The introduction of the Bill caused pandemonium in the Rajya Sabha. Two members of the Jammu and Kashmir People's Democratic Party (PDP) tore up copies of Indian constitution in protest, and they were suspended from the House[10][11]; 13 members of the Trinamool Congress walked out of the House; and 6 members of Janata Dal United (allied to the ruling BJP) boycotted the voting.[12]
The Bill acquired the support of Bahujan Samaj Party, YSR Congress, Telugu Desam Party and the Aam Admi Party. Along with the 107 members of the ruling National Democratic Alliance, the number of supporting Parliamentarians totalled 117.[12]
The Bill was passed by Rajya Sabha with 125 members in favour and 61 members against.[12][13]
| Party | In favour | Against | Boycott | |
|---|---|---|---|---|
| width="4px" bgcolor="Template:Bharatiya Janata Party/meta/color"| | BJP | 78 | – | – |
| width="4px" bgcolor="Template:Indian National Congress/meta/color" | | INC | – | 46 | – |
| width="4px" bgcolor="Template:Janata Dal (United)/meta/color"| | JDU | – | – | 6 |
| AIDMK | 11 | – | – | |
| TMC | – | 13 | – | |
| NCP | – | – | 4 | |
| BJD | 7 | – | – | |
| SP | – | 11 | – | |
| width="4px" bgcolor="Template:Telangana Rashtra Samithi/meta/color"| | TRS | 6 | – | – |
| DMK | – | 5 | – | |
| width="4px" bgcolor="Template:Shiv Sena/meta/color"| | SHIV SENA | 4 | – | – |
| CPM | – | 5 | – | |
| BSP | 4 | – | – | |
| RJD | – | 5 | – | |
| width="4px" bgcolor="Template:Aam Aadmi Party/meta/color"| | AAP | 3 | – | – |
| TDP | 2 | – | – | |
| TSRC | 2 | – | – | |
| width="4px" bgcolor="Template:Shiromani Akali Dal/meta/color"| | SAD | 3 | – | – |
| width="4px" bgcolor="Template:YSR Congress Party/meta/color"| | YSR-CP | 2 | – | – |
| RPI-A | 1 | – | – | |
| NPF | 1 | – | – | |
| LJP | 1 | – | – | |
| BPF | 1 | – | – | |
| AGP | 1 | – | – | |
| Nominated Members | 4 | – | – | |
| Independent | ||||
| Total | 125 | 61 | 10 | |
Lok Sabha
The Bill was introduced in the lower house of Indian Parliament, Lok Sabha on 6 August 2019.
The All India Trinamool Congress and Janata Dal (United) walked out from Lok Sabha, Indian National Congress, Nationalist Congress Party and Samajwadi Party opposed the Bill; while Bharatiya Janata Party, Shiv Sena, Biju Janata Dal, YSR Congress Party, Telangana Rashtra Samithi,Telugu Desam Party, Shiromani Akali Dal and Bahujan Samaj Party supported it.[14]
The Bill was passed by the Lok Sabha on 6 August 2019 with 370 votes in favour and 70 against.[15][16][14][17][2]
See also
- Article 35A of Constitution of India
- Article 370 of Constitution of India
- Kashmir conflict
- Constitution of Jammu and Kashmir
- 1974 Indira–Sheikh accord
- Instrument of Accession (Jammu and Kashmir)
- Indian revocation of Jammu and Kashmir's special status
Notes
- ^ The 1954 Order had made only certain Articles of the Indian constitution applicable to the State and others with various exceptions and provisos. Further orders extended its scope, but fell short of extending the full scope of the Indian constitution to the State.
References
- ^ a b c d e f Jammu & Kashmir Reorganisation Bill passed by Rajya Sabha: Key takeaways, The Indian Express, 5 August 2019.
- ^ a b Aug 6, PTI | Updated:; 2019; Ist, 21:30. "Jammu Kashmir News: Bill to bifurcate J&K, resolution to scrap Article 370 get Parliament nod | India News - Times of India". The Times of India. Retrieved 6 August 2019.
{{cite web}}:|last2=has numeric name (help)CS1 maint: extra punctuation (link) CS1 maint: numeric names: authors list (link) - ^ K. Venkataramanan (5 August 2019), "How the status of Jammu and Kashmir is being changed", The Hindu
- ^ "Article 370 and 35(A) revoked: How it would change the face of Kashmir". The Economic Times. 5 August 2019.
- ^ a b Article 370: What happened with Kashmir and why it matters. BBC (2019-08-06). Retrieved 2019-08-07.
- ^ "Kashmir insurgency". BBC News. Archived from the original on 22 February 2017. Retrieved 21 February 2017.
{{cite news}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ Jeelani, Mushtaq A. (25 June 2001). "Kashmir: A History Littered With Rigged Elections". Media Monitors Network. Archived from the original on 4 March 2016. Retrieved 24 February 2017.
{{cite web}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ Krishnadas Rajagopal, President’s Order scraps its predecessor and amends Article 370, The Hindu, 5 August 2019.
- ^ Article 370 Jammu And Kashmir LIVE Updates: "Abuse Of Executive Power," Rahul Gandhi Tweets On Article 370 Removal, NDTV, 6 August 2019.
- ^ "PDP MPs tear Constitution, removed from Rajya Sabha". India Today. Delhi. 5 August 5 2019. Retrieved 2019-08-06.
{{cite web}}: Check date values in:|date=(help) - ^ "Regional parties' support ensures smooth adoption of resolution on Article 370, J&K bifurcation bill". The Times of India. 5 August 2019. Retrieved 6 August 2019.
- ^ a b c Already, Rajya Sabha Clears J&K As Union Territory Instead Of State, NDTV, 5 August 2019.
- ^ Aug 5, PTI | Updated:; 2019; Ist, 23:33. "Regional parties' support ensures smooth adoption of resolution on Article 370, J&K bifurcation bill | India News - Times of India". The Times of India. Retrieved 6 August 2019.
{{cite web}}:|last2=has numeric name (help)CS1 maint: extra punctuation (link) CS1 maint: numeric names: authors list (link) - ^ a b Desk, The Hindu Net (6 August 2019). "Parliament Live | Lok Sabha passes Jammu and Kashmir Reorganisation Bill, Ayes: 370, Noes 70". The Hindu. ISSN 0971-751X. Retrieved 6 August 2019.
{{cite news}}:|last=has generic name (help) - ^ "Kashmir LIVE | Lok Sabha passes Bill to bifurcate J&K; revokes Article 370". Deccan Herald. 5 August 2019. Retrieved 6 August 2019.
- ^ "Parliament LIVE UPDATES: Bill to divide J&K into two Union Territories passed in Lok Sabha". The Indian Express. 6 August 2019. Retrieved 6 August 2019.
- ^ "Article 370 Kashmir Updates: Modi says passage of key bills on J&K a tribute to Sardar Patel, SP Mookerjee and BR Ambedkar". Firstpost. Retrieved 6 August 2019.
