1. Historical and Constitutional Background
The Jammu and Kashmir Reorganisation Act, 2019 marks a watershed moment in the history of Jammu and Kashmir, altering its political, administrative, and constitutional status. To understand the implications of this Act, we must first examine the historical and constitutional context that led to this significant development.
1.1 Article 370 (1954) – Special Autonomy of Jammu and Kashmir
Article 370 of the Indian Constitution was initially introduced to recognise the distinct status of Jammu and Kashmir within India. It allowed the state to have its own Constitution, flag, and autonomy over most internal matters, except for defence, foreign affairs, finance, and communications. The key features of Article 370 included:
- Autonomous Governance: Jammu and Kashmir had its own Constitution (the Constitution of Jammu and Kashmir), and the state legislature had the power to make laws on a wide range of subjects.
- Limited Applicability of Indian Laws: Indian laws were applicable only to Jammu and Kashmir with the consent of the state government. This effectively meant that the state had its own legal framework.
- Presidential Order (1954): The provision for this special status was internationalised through a Presidential Order (C.O. 272) issued in 1954, which laid out the specific terms of Article 370 and granted Jammu and Kashmir its special privileges.
1.2 Article 35A (1954) – Defining Permanent Residents
Article 35A of the Indian Constitution was introduced in 1954 through a Presidential Order, and it defined "permanent residents" of Jammu and Kashmir. The major provisions included:
- Permanent Resident Status: It restricted the rights of property ownership, government employment, and educational scholarships to people who were classified as permanent residents of the state.
- Exclusivity: Non-residents, including people from other parts of India, were not allowed to own property or access government benefits in Jammu and Kashmir.
- Cultural Preservation: The state government argued that this provision protected the region’s distinct cultural identity and resources from outside influence.
These provisions, however, were seen by critics as a source of social and economic isolation for the region, particularly in terms of integration with the broader Indian economy and society.
1.3 Abrogation Process (2019)
- On 5th August 2019, the Indian government, under the leadership of Prime Minister Narendra Modi, took a monumental step by abrogating Article 370 and revoking the special status of Jammu and Kashmir. This was done through the following steps:
- Presidential Order (C.O. 272): The order rendered Article 370 inoperative, effectively bringing Jammu and Kashmir under the full control of the Indian Constitution. The order led to the reorganization of the state into two Union Territories – Jammu and Kashmir (with a legislature) and Ladakh (without a legislature).
- Parliamentary Approval: The Jammu and Kashmir Reorganisation Bill was introduced in Parliament on 5th August 2019 and was passed by both Houses on 6th August 2019, formalizing the bifurcation and setting the legal framework for the new status of Jammu and Kashmir and Ladakh.
2. Key Provisions of the Jammu and Kashmir Reorganisation Act, 2019
The Jammu and Kashmir Reorganisation Act, 2019, laid down several important changes that affected the political, administrative, and legal frameworks of the region. Here’s an in-depth look at the key provisions:
2.1 Territorial Reorganisation
Creation of Union Territories:
- Jammu and Kashmir (UT with legislature): The state was reorganized into a Union Territory with a Legislative Assembly. The Assembly can have up to 107 seats, which can be expanded to 114. It also retains 24 seats for Pakistan-occupied Kashmir (PoK), which remain unfilled as the region is outside Indian control.
- Ladakh (UT without legislature): Ladakh was carved out as a separate Union Territory without a legislature, meaning that it is governed directly by the Central Government. This arrangement emphasizes the region's strategic importance, especially given its proximity to China and Pakistan.
2.2 Governance Structure
- Lieutenant Governor (LG): Both Union Territories are administered by a Lieutenant Governor (appointed by the President of India), who holds executive powers.
- In Jammu and Kashmir, the LG governs with the assistance of a Council of Ministers that is formed post-elections. The Chief Minister leads this Council of Ministers.
- In Ladakh, governance is more centralized, as the Union Territory does not have a legislative assembly.
- Legislative Assembly: Jammu and Kashmir retains its Legislative Assembly, which can make laws on issues other than defense, foreign affairs, finance, and communications (which are under the jurisdiction of the central government).
- The Assembly's term is fixed at 5 years, with a two-thirds quorum for passing financial bills.
- The Lieutenant Governor has veto power and can reserve bills for Presidential assent, thus maintaining the Union’s oversight over local governance.
2.3 Representation in Parliament
Lok Sabha: Following the reorganization:
- Jammu and Kashmir will have 5 seats in the Lok Sabha (down from 6).
- Ladakh is allocated 1 seat in the Lok Sabha.
Rajya Sabha: Jammu and Kashmir retains its allocation of 4 seats in the Rajya Sabha (the upper house of Parliament).
2.4 Legal and Administrative Changes
- Central Laws: With the abrogation of Article 370, all central laws that applied to the rest of India are now extended to Jammu and Kashmir and Ladakh. These include laws related to Right to Information (RTI), Right to Education (RTE), Indian Penal Code (IPC), and others.
- State Laws: The Jammu and Kashmir State Laws, including the Jammu and Kashmir Penal Code, were either repealed or amended to align with the rest of the country’s legal framework.
- Delimitation Commission: A Delimitation Commission was set up in March 2020 to redraw the electoral constituencies of Jammu and Kashmir. The final report in May 2022 recommended an increase in the Jammu and Kashmir Legislative Assembly’s seats to 90, with 7 seats reserved for Scheduled Castes (SC) and 9 seats reserved for Scheduled Tribes (ST).
2.5 Financial Provisions
- Budget Control: Until a Legislative Assembly is elected in Jammu and Kashmir, the Central Government manages the finances of both Union Territories.
- Central Tax Share: Jammu and Kashmir’s share of central taxes is determined based on the recommendations of the 15th Finance Commission, which allocates a fixed amount of funds for both Jammu and Kashmir and Ladakh.
Fund Allocation for 2023-24:
- ₹30,757 crore was allocated to Jammu and Kashmir.
- ₹5,958 crore was allocated to Ladakh for the fiscal year 2023–24.
2.6 Judicial Adjustments
Unified High Court: The Jammu and Kashmir High Court was restructured into a common High Court for both Union Territories. This streamlines judicial processes and ensures consistency in legal interpretations across the region.
Public Service Commissions: While Jammu and Kashmir retains its Public Service Commission (PSC) for recruitment, Ladakh comes under the jurisdiction of the Union Public Service Commission (UPSC).
3. Socio-Political Implications
3.1 End of Special Status
The most significant change resulting from the reorganisation was the end of Jammu and Kashmir's special status. The abrogation of Article 370 had profound socio-political implications:
Article 35A Nullified: The nullification of Article 35A meant that non-residents of Jammu and Kashmir were now free to:
- Purchase land and property in the region.
- Apply for government jobs and access scholarships, previously reserved only for permanent residents.
Demographic Concerns: The potential influx of people from outside Jammu and Kashmir raised fears of cultural dilution and the possibility of settler colonialism in the Kashmir Valley. Many Kashmiris expressed concern that these changes would erode their distinct identity and way of life.
4. Updates as of 2023
By 2023, the effects of the reorganisation were still unfolding:
- Statehood: The restoration of statehood to Jammu and Kashmir remained a point of political debate, with the central government indicating that the issue would be considered only once the situation normalised.
- Development: There were signs of increased economic development, with substantial investments in infrastructure and tourism. However, challenges related to political stability and security concerns persisted.