Prepmart | J&K Reorganization Act, 2019 at Glance

A brief Guide to J&K Reorganisation Act, 2019: Exam Oriented

The Jammu and Kashmir Reorganisation Act, 2019 (Act No. 34 of 2019) bifurcated the existing State into two Union Territories. Questions from this topic are often asked in JKSSB and other exams.This blog is made for exam purpose only and does not cover all details regarding sections of this Act.

🏛️ The Legislative Journey

103 Sections

14 Parts

5 Schedules

5th August 2019: Bill passed in the Rajya Sabha.
6th August 2019: Bill passed in the Lok Sabha.
9th August 2019: Received the assent of the President of India.
31st October 2019: The "Appointed Day" when the provisions of the Act formally came into force.

📜 Detailed Section Breakdown

PART I: PRELIMINARY

Section 1: Short title
States the name of the Act as "The Jammu and Kashmir Reorganisation Act, 2019". It clarifies the Act extends to the whole of India.
Section 2: Definitions
Defines legal terms used throughout the Act, such as "Appointed Day", "Lieutenant Governor" (Administrator under Art 239), and "Population Ratio" (based on 2011 Census).

PART II: REORGANISATION OF THE STATE

Section 3: Formation of Union territory of Ladakh
Formally creates the new UT of Ladakh comprising the specific districts of "Kargil and Leh". It explicitly states this UT shall be without a Legislature.
Section 4: Formation of Union territory of Jammu and Kashmir
Creates the UT of Jammu and Kashmir containing all existing state territories except Kargil and Leh. It mandates that this UT shall have a Legislative Assembly.
Section 5: Common Lieutenant Governor
The Governor of the existing State of J&K shall act as the Lieutenant Governor for both successor Union Territories for a provisional period determined by the President.
Section 6: Amendment of First Schedule
Modifies the Constitution to delete "Jammu and Kashmir" from the list of States (Entry 15). It adds J&K and Ladakh as Entry 8 and 9 in the list of Union Territories.
Section 7: Saving powers
Clarifies that the Government of the new UT of J&K retains the power to alter the name, area, or boundaries of its districts or territorial divisions after the appointed day.

PART III: REPRESENTATION IN THE LEGISLATURES

Section 8: Amendment of Fourth Schedule
Amends the Constitution's Fourth Schedule to allocate seats in the Council of States (Rajya Sabha). It specifically allocates 4 seats to the Union Territory of Jammu and Kashmir.
Section 9: Allocation of sitting members
Declares that the four existing Rajya Sabha members from the State shall be deemed elected from the new UT of J&K. Their term of office remains unaltered.
Section 10: Representation in House of the People
Allocates Lok Sabha seats: 5 seats for the UT of Jammu and Kashmir and 1 seat for the UT of Ladakh.
Section 11: Delimitation (Parliamentary Constituencies)
Empowers the Election Commission to amend the Delimitation of Parliamentary Constituencies Order, 1976. It mandates conducting elections based on this amended allocation.
Section 12: Provision as to sitting members
Ensures that sitting members of the Lok Sabha continue to represent their allotted constituencies (whether in J&K or Ladakh) for the remainder of their current term.
Section 13: Applicability of Article 239A
States that Article 239A of the Constitution (originally applicable to Puducherry) shall also apply to the Union Territory of Jammu and Kashmir.
Section 14: Legislative Assembly
Establishes the Legislative Assembly for J&K. It sets the total seats at 107 (later 114), but 24 seats reserved for Pakistan Occupied Kashmir (POK) shall remain vacant and not count towards the quorum or total.

⚠️ 2023 AMENDMENTS (Nomination of Members)

The Jammu and Kashmir Reorganisation (Amendment) Act, 2023 introduced significant changes to nominations:

Section 15: Representation of Women
LG may nominate two members to the Assembly if women are not adequately represented. (Amended in 2023 to include Kashmiri Migrants).
Section 15A: Nomination of Kashmiri Migrants
LG may nominate two members (one must be a woman) from the Kashmiri Migrant community.
Section 15B: Nomination of Displaced Persons
LG may nominate one member representing Displaced Persons from Pakistan Occupied Jammu and Kashmir (POJK).

Section 16: Qualifications for membership
A person must be a citizen of India and not less than 25 years of age to be chosen for the Legislative Assembly.
Section 17: Duration of Assembly
The Assembly's term is fixed at 5 years from its first meeting unless dissolved sooner. This period can be extended during a Proclamation of Emergency.
Section 18: Sessions and Prorogation
The LG summons the Assembly. The gap between two sessions cannot exceed six months. The LG also has the power to prorogue or dissolve the Assembly.
Section 19: Speaker and Deputy Speaker
The Assembly must choose two members as Speaker and Deputy Speaker. They vacate office if they cease to be members, resign, or are removed by resolution.
Section 20: Restriction on Presiding
The Speaker or Deputy Speaker cannot preside over a sitting while a resolution for their own removal is under consideration.
Section 21: Special Address by LG
The LG must address the Assembly at the commencement of the first session after each general election and the first session of each year.
Section 22: Rights of Ministers
Ministers and the Advocate General have the right to speak and participate in Assembly proceedings, but the Advocate General is not entitled to vote.
Section 23: LG's Address and Messages
The LG may address the Assembly and send messages regarding pending Bills, which the Assembly must consider with convenient dispatch.
Section 24: Oath of Members
Every member must make and subscribe to an oath or affirmation before the Lieutenant Governor or his appointee before taking their seat.
Section 25: Voting in Assembly
All questions are determined by a majority of votes of members present. The Speaker does not vote initially but exercises a Casting Vote in case of a tie.
Section 26: Vacation of Seats
A person cannot be a member of both Parliament and the Assembly. A seat becomes vacant if a member resigns, is disqualified, or is absent for 60 days without permission.
Section 27: Disqualifications
A person is disqualified if they hold an office of profit, are of unsound mind, are an undischarged insolvent, or are disqualified under any Parliamentary law.
Section 28: Anti-Defection Law
The provisions of the Tenth Schedule of the Constitution (Anti-Defection) apply to the Legislative Assembly of J&K subject to necessary modifications.
Section 29: Penalty for sitting when not qualified
Imposes a penalty of five hundred rupees per day on anyone sitting or voting in the Assembly who knows they are not qualified or are disqualified.
Section 30: Powers and Privileges
Guarantees freedom of speech in the Assembly. Members are immune from court proceedings regarding any speech or vote given in the Legislature.
Section 31: Salaries of Members
Members are entitled to salaries and allowances as determined by the Legislative Assembly. Until such laws are made, the LG determines the rates.
Section 32:Extent of Legislative Power
The Assembly can make laws on matters in the State List and Concurrent List, except "Public Order" and "Police". Parliament retains power to legislate on any matter for the UT.
Section 33: Exemption of Union Property from Taxation
The property of the Union Government is exempt from taxes imposed by the Legislative Assembly unless Parliament provides otherwise by law.
Section 34: Restrictions on Laws
Applies Constitutional articles regarding restrictions on trade and commerce (Articles 286, 287, 288, 304) to laws passed by the J&K Assembly.
Section 35: Inconsistency of Laws between parliament and LA
If a law made by the Assembly is repugnant to a law made by Parliament on the same matter, the Parliamentary law prevails, and the Assembly law becomes void to that extent.
Section 36: Special Provisions for Financial Bills
Bills dealing with financial matters (taxes, borrowing) cannot be introduced without the recommendation of the Lieutenant Governor.
Section 37: Procedure as to Lapsing of Bills
A Bill pending in the Assembly lapses when the Assembly is dissolved. However, a Bill passed by the Assembly but pending assent does not lapse.
Section 38: Assent to Bills
The LG can assent to a Bill, withhold assent, or reserve it for the President. Reservation is mandatory if the Bill derogates from the powers of the High Court.
Section 39: Bills Reserved for Consideration
When a Bill is reserved, the President may assent or direct the LG to return it to the Assembly for reconsideration within six months.
Section 40: Sanction Requirements
An Act is not invalid solely because a required previous sanction or recommendation (like from the LG) was not given, provided the Act eventually received assent.
Section 41: Annual Financial Statement
The LG must cause the "Budget" (statement of estimated receipts and expenditure) to be laid before the Assembly for every financial year.
Section 42: Procedure on Estimates
Estimates for "Charged Expenditure" (like Judges' salaries) are not voted on. Other estimates are submitted as "Demands for Grants" which the Assembly can assent to or refuse.
Section 43: Appropriation Bills
A Bill is introduced to authorize the withdrawal of moneys from the Consolidated Fund after grants are made. No money can be withdrawn without this legal appropriation.
Section 44: Supplementary Grants
Allows the LG to present a statement for additional expenditure if the amount authorized for the current year is found insufficient.
Section 45: Votes on Account
Empowers the Assembly to make a grant in advance for a part of the financial year pending the completion of the full voting procedure.
Section 46: Rules of Procedure
The Assembly makes its own rules of procedure. The LG makes rules specifically for securing the timely completion of financial business.
Section 47: Official Language
The Assembly may adopt any languages in use in the UT or Hindi as official languages. (Note: The J&K Official Languages Act, 2020 later specified Kashmiri, Dogri, Urdu, Hindi, and English).
Section 48: Language of Acts
Unless Parliament provides otherwise, the authoritative text of all Bills, Acts, and Orders shall be in the English language.Provided that where the Legislative Assembly has prescribed any language other than the English language for use in Bills introduced in, or Acts passed by, the Legislative Assembly or in any order, rule, regulation or bye-law issued under any law made by the Legislative Assembly of the Union territory of Jammu and Kashmir, a translation of the same in the English language published under the authority of the Lieutenant Governor in the Official Gazette shall be deemed to be the authoritative text thereof in the English language.
Section 49: Restriction on Discussion
No discussion shall take place in the Assembly regarding the conduct of any Judge of the Supreme Court or High Court in the discharge of their duties.
Section 50: Courts not to inquire
The validity of proceedings in the Assembly cannot be questioned in any court on the ground of any alleged irregularity of procedure.
Section 51: Secretariat of LA
The Assembly shall have a separate secretariat staff. Recruitment conditions are regulated by law or by rules made by the LG.
Section 52: Ordinances
The LG may promulgate Ordinances when the Assembly is not in session. These have the force of an Act but must be laid before the Assembly when it reassembles.
Section 53: Council of Ministers
There shall be a Council of Ministers headed by the CM to aid and advise the LG. The Council is limited to 10% of the total Assembly members. The LG acts in his discretion for matters like "All India Services".
Section 54: Other provisions as to Ministers
The CM is appointed by the LG; other Ministers are appointed by the LG on the CM's advice. They hold office during the pleasure of the LG.
Section 55: Conduct of Business
All executive action of the Lieutenant Governor shall be expressed to be taken in the name of the Lieutenant Governor.
Section 56: Duties of Chief Minister
The CM must communicate all decisions of the Council of Ministers to the LG and furnish any information relating to administration that the LG calls for.
Section 57: Abolition of Legislative Council
The Legislative Council (Upper House) of the existing State of J&K is abolished. All Bills pending in the Council lapse immediately.

PART IV: UT OF LADAKH

Section 58: Apointment of LG of UT Ladakh
Ladakh is administered by the President acting through a Lieutenant Governor appointed under Article 239. The President may make regulations for Ladakh's peace and good government.

PART V: DELIMITATION OF CONSTITUENCIES

Section 59: Definitions
Defines "Associate Member" and "Delimitation Commission" (referring to the Delimitation Act, 2002) for the purpose of this Part.
Section 60: Delimitation of Constituencies
Increases the number of Assembly seats from 107 to 114. It mandates the Election Commission to determine the delimitation of constituencies.
Section 61: Power of Election Commission
Empowers the EC to correct printing mistakes in delimitation orders and update boundaries if administrative units like tehsils are altered.
Section 62: Readjustment of Constituencies
A Delimitation Commission shall be constituted to readjust the division of constituencies based on the census figures.
Section 63: Census Figures
Clarifies that readjustment is not necessary until after the 2026 census, and references to the "latest census" shall mean the **2011 census**.
Section 64: Procedure to delimitation
The procedure provided in the law made by Parliament shall apply to the delimitation of constituencies under this Act.

PART VI: SC & ST

Section 65: Application of SC Order
Applies the Constitution (Jammu and Kashmir) Scheduled Castes Order, 1956 to both Union Territories.
Section 66: Application of ST Order
Applies the Constitution (Jammu and Kashmir) Scheduled Tribes Order, 1989 to both Union Territories.

PART VII: MISCELLANEOUS AND TRANSITIONAL

Section 67: Consolidated Fund of J&K
Establishes the Consolidated Fund for the UT of J&K, where all revenues, grants, and loan repayments are credited.
Section 68: Public Account
Establishes the "Public Account of the Union territory of Jammu and Kashmir" for all other public moneys received by the LG.
Section 69: Contingency Fund
Creates a Contingency Fund for meeting unforeseen expenditure. The LG holds this fund to make advances pending Assembly authorization.
Section 70: Borrowing Powers
The executive power of the UT extends to borrowing upon the security of the Consolidated Fund, subject to limits fixed by the Assembly.
Section 71: Form of Accounts
The accounts of the UT shall be kept in such form as the LG may prescribe on the advice of the Comptroller and Auditor-General (CAG).
Section 72: Audit Reports
CAG reports regarding J&K accounts are submitted to the LG to lay before the Assembly. Reports for Ladakh are submitted to the President to lay before Parliament.
Section 73: Provision in case of failure of constitutional machinery.
The President can suspend provisions of this Act if he is satisfied that the administration cannot be carried on in accordance with its provisions.
Section 74: Authorization of Expenditure by President
If the Legislative Assembly is dissolved or suspended, the President can authorize necessary expenditure from the Consolidated Fund.

PART VIII: HIGH COURT

Section 75: Common High Court
The High Court of J&K becomes the Common High Court for both the UT of J&K and the UT of Ladakh. Existing Judges continue to hold office.
Section 76: Bar Council and Advocates
Renames the Bar Council to the "Bar Council of Jammu and Kashmir and Ladakh". Advocates entitled to practice in the existing HC continue to do so.
Section 77: Practice and Procedure in Common High Court
The law in force regarding practice and procedure in the High Court immediately before the appointed day continues to apply to the Common High Court.
Section 78: Savings
Ensures that the provisions of the Constitution regarding High Courts continue to apply to the Common High Court, preserving judicial independence.

PART IX: ADVOCATE GENERAL

Section 79: Appointment of Advocate general
The LG appoints a person qualified to be a High Court Judge as the Advocate-General for the UT of Jammu and Kashmir to give legal advice.

PART X: AUTHORIZATION OF EXPENDITURE

Section 80: Authorization of Expenditures for JK UT
Authorizes the Governor/LG to sanction expenditure from the Consolidated Fund for the first six months after the appointed day.
Section 81: Authorization of Expenditure of Ladakh UT
The Governor of existing State of Jammu and Kashmir may, at any time before the appointed day, authorise such expenditure from the Consolidated Fund of Union territory of Jammu and Kashmir as he deems necessary for any period not more than six months beginning with the appointed day pending the sanction of such expenditure by the Parliament: Provided that the President may, after the appointed day, authorise such further expenditure as he deems necessary from the Consolidated Fund of India for any period not extending beyond the said period of six months.
Section 82: Reports relating to accounts of Jammu and Kashmir State
CAG reports relating to the accounts of the existing State for the period prior to the appointed day shall be submitted to the Lieutenant Governors.
Section 83: Distribution of Revenue
The award of the 14th Finance Commission is apportioned between the UTs based on population ratio. The President makes a reference to the 15th Finance Commission for future awards.

PART XI: APPORTIONMENT OF ASSETS AND LIABILITIES

Section 84: Apportionment
The assets and liabilities of the existing State are apportioned between J&K and Ladakh as per the manner specified in the Schedules.
Section 85: Advisory Committees
The Central Government establishes Advisory Committees to recommend the apportionment of assets, rights, and liabilities of companies and corporations.

PART XII: PROVISIONS AS TO CORPORATIONS

Section 86: Road Transport Permits
Validates existing road transport permits, deeming them effective in both UTs to ensure the continuance of transport services.
Section 87: Income Tax Provisions
Provides for the apportionment of losses, profits, or gains for tax purposes when business entities are transferred or divided between the UTs.

PART XIII: PROVISIONS AS TO SERVICES

Section 88: provisions relating to All India Services
Members of the IAS, IPS, and IFS of the J&K cadre continue to serve in the UTs. Future officers will be borne on the AGMUT cadre.
Section 89: Provisions relating to other services
Employees serving immediately before the appointed day are provisionally allocated to serve in the UTs by the LG. Final allocation is determined by the LG/Centre.
Section 90: Protection of Service Conditions
Ensures that the conditions of service applicable to allocated employees cannot be varied to their disadvantage without the LG's approval.
Section 91: Continuance of Officers in same post
Every person holding a post immediately before the appointed day continues to hold that post in the successor UT until deemed appointed by the new authority.
Section 92: PSU Employees
Employees of State Public Sector Undertakings continue to function in such bodies for one year, during which modalities for distribution are determined.
Section 93: State Public Service Commissions
The Public Service Commission for the existing State becomes the PSC for the UT of Jammu and Kashmir. The UPSC serves the needs of the UT of Ladakh.

PART XIV: LEGAL AND MISCELLANEOUS PROVISIONS

Section 94: Amendment of section 15 of Act 37 of 1956.
Amends Section 15 of the States Reorganisation Act, 1956. J&K and Ladakh join the Northern Zonal Council.
Section 95: Territorial Extent of Laws
Central Laws listed in Table 1 and State Laws in Table 2 of the Fifth Schedule apply to the UTs on and from the appointed day.
Section 96: Power to Adapt Laws
Empowers the Central Government to make adaptations and modifications to existing laws for a period of one year to facilitate their application to the UTs.
Section 97: Power to Construe Laws
Courts and tribunals must construe laws reasonably to facilitate their application to the UTs, even if specific adaptations have not been made.
Section 98: Power to Name Authorities
The LG can specify which officer or authority is competent to exercise functions under existing laws to prevent administrative vacuums.
Section 99: Legal Proceedings
Where the existing State was a party to legal proceedings regarding apportioned assets, the successor UT is deemed substituted as a party.
Section 100: Transfer of Proceedings
Pending proceedings in courts (other than the High Court) relating exclusively to a specific territory are transferred to the corresponding court in that UT.
Section 101: Rights of Pleaders
Lawyers entitled to practice in subordinate courts of the existing State continue to be entitled to practice for a period of one year.
Section 102: Effect of provisions of the Act inconsistent with other laws.
The provisions of this Act have effect notwithstanding anything inconsistent contained in any other law.
Section 103: Power to Remove Difficulties
The President may issue orders to remove difficulties arising in giving effect to the Act. This power is available for five years from the appointed day.

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J&K Reorganization Act, 2019 at Glance