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The Jammu and Kashmir Reorganization Act 2019

Jammu and Kashmir is always a “nonhealing wound” to India. When the Indian constitutional protection of article 370 to enjoy a special autonomy status of J&K as a state was revoked the necessity of reorganization of the state resulted in the enactment of Jammu and Kashmir Reorganization Act 2019. The act came in to existence on 9th August 2019 with 103 section, 14 parts and three schedules. The act gave birth to two union territories the Jammu and Kashmir as one Union Territory and Ladakh as another Union territory with Kargil and Leh as two districts previously belonged to J&K. The revocation of article 370 and the new enactment made J&K to act according to the Central or Union Government laws of India.

One important feature of the act is the opportunity given to Women as members of Legislative Assembly by virtue of section 15 of the act. Section 33 of the act states tax exemption on properties of the Union territory. According to section 35 any laws of the legislative is inconsistent with the existing law the law that prevailed earlier will be taken in to consideration. If any law made by the legislative assembly is subject to the consideration of President of India and if his assent is obtained that law will prevail than the existing law.

Part eight of the Act deals with the judicial system of the reorganized regions. The High court of Jammu and Kashmir is common to both J&k and Ladakh regions. The Advocate General is appointed by the Lieutenant Governor for imparting timely legal advice to the government. Section 87 of the act deals with the application of provisions of Chapter 6 of the Income Tax Law of 1961in the newly formed territories.
Part 13 and section 88 deals with the existence of functions of service of All India service cadres’ officials in the Union territory of J&K and Union territory of Ladakh provided vesting the power to central government of India to make or review any order subject to part 13 of the act. Section 92 and 93 deals with the employees of public sector employees and provisions for state public service commission respectively. Section 95 of part 14 provides the territorial extent of the regions in accordance with the schedules specified in the Act. Section 103 of the act states the Presidential power to remove inconsistent provisions of the Act.

One of the major advantage of the enactment is the applicability of 106 Acts to the Union Territory of J&K and union Territory of Ladakh and the initiation for the equality rights of the people. The enactment had created numerous controversies with regard to various aspects of the rights of the people and the economic and social backwardness is a major issue that requires more attention and challenge to the Central Government to rebuild a sound economic, social and political ambience in the reorganized union territories with effective governmental strategies and policies that would be beneficial for every citizen without any bias or prejudice.

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