J&K Reorganisation Act, 2019

The Act bifurcated J&K state into two UTs:

a) UT of Ladakh
b) UT of J&K
On 5th of August 2019, the J&K Reorganisation Bill was
introduced in Rajya Sabha by Amit Shah. It was passed by
Rajya Sabha on the same day.
On 6th of August 2019, it was passed by Lok Sabha.
On 9th of August 2019, it received the President’s assent.
It came into effect on 31st of October, 2019.
It contains 103 sections, 14 parts and 5 schedules.

Trick to remember all parts of J&K Reorganization Act, 2019

Please Read and Respond to All DOCs of SCs and STs and
Mail them to High Court Advocate so that he can Distribute
the Revenue, Assets and Liabilities between them and the
Corporations and fulfil his Services Legally.
Part I: Preliminary
Part II: Reorganization of the State of Jammu & Kashmir
Part III: Representation in the legislatures
Part IV: Administration of UT of Ladakh
Part V: Delimitation of Constituencies
Part VI: SCs and STs
Part VII: Miscellaneous and transitional provisions
Part VIII: High Court
Part IX: Advocate General of UT of J&K
Part X: Authorization of expenditure and distribution of
revenues
Part XI: Apportionment of assets and liabilities
Part XII: Provisions as to certain corporations and any other
matters
Part XIII: Provisions as to services
Part XIV: Legal and miscellaneous provisions

Section 1: Short title

Section 2: Definitions
Section 3: UT of Ladakh is formed which comprises Kargil
and Leh districts
Section 4: UT of Jammu & Kashmir is formed which
comprises rest of the districts of the erstwhile state of J&K
Section 5: Governor of existing state of J&K to be the
common Lieutenant Governor of UTs of J&K & Ladakh for
such period as may be determined by the president
Section 6: Amendment to first schedule to the constitution
Section 8: Amendment to fourth schedule to the
constitution
Section 9: 4 seats are allocated to the UT of J&K in Rajya
Sabha
Section 10: 5 seats are allocated to the UT of J&K in Lok
Sabha. 1 seat is allocated to the UT of Ladakh
Section 13: The provisions contained in Article 239A, which
are applicable to the UT of Puducherry, shall also apply to
the UT of J&K
Section 14: (1) There shall be an administrator appointed
under Article 239. He shall be designated as Lieutenant
Governor
(2) There shall be a legislative assembly for the UT of J&K
(3) Total number of seats in the legislative assembly of the
UT of J&K, to be filled by direct election, shall be 107
(4)(a) 24 seats shall remain vacant for POK
(6) Seats shall be reserved for SCs and STs in the legislative
assembly of the UT of J&K
(7) Seats to be reserved for SCs and STs shall be in
accordance to their population
Section 15: LG may nominate two women to the legislative
assembly of UT of J&K if he is of the opinion that women
are not adequately represented in the legislative assembly
Section 16: Qualification for membership of legislative
assembly
(a) is a citizen of India
(b) is 25 years of age or above
 (c) possesses such other qualifications as may be
prescribed in that behalf by or under any law made
by the parliament

Section 17: Duration of legislative assembly

5 years from the date appointed for its first meeting.

(1) In case of proclamation of emergency under article

352, the said period may be extended by the
president by order for a period not exceeding 1 year
at a time and not extending in any case beyond a
period of 6 months after the proclamation has ceased
to operate.
Section 18: (1) LG shall summon legislative assembly every 6
months
(2) LG may also:
a) Prorogue (defer) the house or
b) Dissolve the legislative assembly
Section 19: Speaker or Deputy Speaker of legislative
assembly
Section 20: Speaker or Deputy Speaker not to preside while
a resolution for his removal from office is under
consideration
Section 21: Special address by LG to the legislative assembly
(1) At the commencement of the first session after each
general election to the legislative assembly and at
the commencement of the first session of each year,
LG shall address the legislative assembly
Section 22: Every Minister and the Advocate General for
the UT of J&K shall have the right to speak in and take part
in the proceedings of the legislative assembly

Section 24: Oath or affirmation by members

Section 25: (4) The quorum to constitute a meeting of the
legislative assembly shall be 10 members or 1/10th of the
total number of members of the legislative assembly,
whichever is greater
Section 26: (2) (b) If a member of the legislative assembly
resigns his seat by writing under his hand addressed to the
speaker, his seat shall become vacant if his resignation is
accepted by the speaker
(3) If the member is absent for a period of 60 days, without
permission, from all meetings, the assembly may declare his
seat vacant
Section 27: Disqualification for membership
(1) A person shall be disqualified for being chosen as,
and for being, a member of the Legislative Assembly
(a) if he holds any office of profit under the
Government of India or the Government of any
State or the Government of Union territory of
Jammu and Kashmir or the Government or
administration of any other Union territory
(b) if he is for the time being disqualified for being
chosen as, and for being, a member of either
House of Parliament under the provisions of
sub-clause (b), sub-clause (c) or sub-clause (d)
 of clause (1) of article 102 or of any law made in
pursuance of that article
(2) For the purposes of this section, a person shall not
be deemed to hold an office of profit under the
Government of India or the Government of any State
or the Government of Union territory of Jammu and
Kashmir or the Government of any other Union
territory by reason only that he is a Minister either
for the Union or for such State or Union territory
(3) If any question arises as to whether a member of the
legislative assembly becomes subject to any of the
disqualifications under sub-section (1) and (2), the
question shall be referred to the LG and his decision
shall be final
(4) Before giving any decision on such question, LG shall
obtain the opinion of the Election Commission and
shall act according to such opinion

Section 28: Disqualification on ground of defection for

being a member
Section 29: Penalty for sitting and voting before making an
oath or affirmation or when not qualified or when
disqualified---Rs. 500 per day
Section 30: Powers, privileges etc. of members
Section 31: Salaries and allowances of members
Section 32: (1) Legislative assembly of J&K may make laws
for the whole or any part of the UT of J&K with respect to
any of matters enumerated in the State List except the
subjects mentioned at entries 1 and 2, namely Public Order
and Police respectively.

Section 35: Inconsistency between laws made by the

parliament and laws made by the legislative assembly
Section 36: Special provisions as to financial bills
Section 37: Procedure as to lapsing of bills
Section 38: Assent to Bills
Section 41: Annual financial statement
Section 43: Appropriation Bills
Section 47: Official languages of UT of J&K
Section 51: Secretariat of the legislative assembly
Section 52: Power of LG to promulgate ordinances during
recess of legislative assembly
(2) (a) The ordinance shall cease to operate at the
expiration of 6 weeks from the re-assembly of the
legislative assembly or if before the expiration of
that period, a resolution disapproving it is passed by
the legislative assembly
(b) The ordinance may be withdrawn at any time by
the LG

Section 53: (1) There shall a council of ministers of not

more than 10% of the total members of the legislative
assembly, with the Chief Minister at the head to aid and
advise the LG
Section 54: Other provisions as to Ministers
(1) The Chief Minister shall be appointed by the LG and
the other ministers shall be appointed by the LG on
the advice of the Chief Minister
(2) The ministers shall hold office during the pleasure of
the LG
Section 56: It shall be the duty of the Chief Minister to
communicate to the LG of all the decisions of the Council of
Ministers
Section 57: Abolition of legislative council of the state of
J&K
Section 58: Appointment of LG of UT of Ladakh
Section 60: Delimitation of constituencies
(1) The number of seats in the legislative assembly shall
be increased from 107 to 114
Section 67: Consolidated Fund of the UT of J&K
Section 68: Public Account of the UT of J&K
Section 69: Contingency Fund of the UT of J&K
Section 72: Audit reports
Section 73: Provision in case of failure of constitutional
machinery
Section 75: (1) (a) The High Court of J&K shall be the
common high court for the UTs J&K and Ladakh
Section 79: Advocate General for the UT of J&K
(1) LG shall appoint a person who is qualified to be
appointed a judge of the High Court, to be the
Advocate General of the UT of J&K
(4) Advocate General shall hold office during the pleasure
of the LG
Section 85: Advisory committees
(1) The central government may establish one or more
advisory committees within a period of 90 days from
the appointed day, for the purposes of:
(a) Apportionment of assets, rights and liabilities of
the companies and corporations between UT of
J&K and UT of Ladakh
(b) Issues relating to continuance of arrangements in
regard to generation and supply of electric power
and supply of water
(c) Issues related to J&K State Financial Corporation
(d) Issues related to companies constituted for the
existing state of J&K regarding the division of the
interests and shares and reconstitution of board
of directors
(e) Issues related to facilities in certain state
institutions
(f) Issues related to any other matter not covered
under this section
(2) The committees so appointed shall submit their
reports within 6 months to the LG of the UT of J&K,
who shall act on the recommendations of such
 committees within a period of 30 days from the date
of receiving such reports
Section 86: Temporary provisions as to continuance of
certain existing road transport permits
Section 88: Provisions related to All India Services
Section 93: Provisions as to State Public Service
Commission
Section 94: Amendment of section 15 of Act 37 of 1956
Section 101: Right of pleaders to practise in certain cases
Section 103: Power to remove difficulties

Schedules
• First schedule---Members of council of state (Rajya
Sabha)
• Second Schedule---Parliamentary constituencies
UT of Jammu & Kashmir
a) Baramulla
b) Srinagar
c) Anantnag
d) Udhampur (Udhampur, Doda and Kathua
districts)
e) Jammu (Jammu, Rajouri and Poonch districts)
UT of Ladakh
a) Ladakh
• Third Schedule---Assembly constituencies
• Fourth Schedule---Oaths and affirmations
• Fifth Schedule---Under this schedule
 106 central laws are applicable to the UT of J&K
166 state laws will remain in force
153 state laws and 11 Governor Acts are repealed

Note:
1. 31st of October---National Unity Day (Rashtriya Ekta
Diwas) to commemorate the birth anniversary of
Sardar Vallabhai Patel.
2. First Advocate General of UT of J&K---D C Raina
3. Legislative Assembly was dissolved by the then
Governor, Satyapal Malik, on 21st of November, 2018.
4. Chief Justice of High Court of J&K and Ladakh
administers the oath of office of LG and Vice-Versa.
5. First LG of UT of J&K---G C Murmu

Article 35A
Article 35A, which provides special rights and privileges
to the citizens of Jammu & Kashmir, was incorporated in
the Constitution of India in 1954 by an order of then
President Rajendra Prasad, on the advice of the
Jawaharlal Nehru Cabinet. It gives the J&K legislature full
discretionary powers to decide who 'permanent
residents' of the state are. It also gives them special rights
and privileges in employment with the state government,
acquisition of property in the state, settling in the state,
and the right to scholarships and other forms of aid that
the state government provides.

Article 370
Article 370 of the Constitution of India provided a special
status to the state of Jammu and Kashmir, granting it a
degree of autonomy within the Indian union. Article 370
was incorporated into the Constitution of India as a
temporary provision, with the intention of providing a
framework for negotiations between the Indian
government and the leadership of Jammu and Kashmir to
determine the state's final political status. This was done
through the instrument of a Presidential Order in 1954,
which extended various provisions of the Indian
Constitution to Jammu and Kashmir, subject to certain
modifications. Article 370 was incorporated into the
Constitution of India as a temporary provision, with the
intention of providing a framework for negotiations
between the Indian government and the leadership of
Jammu and Kashmir to determine the state's final
political status. This was done through the instrument of
a Presidential Order in 1954, which extended various
provisions of the Indian Constitution to Jammu and
Kashmir, subject to certain modifications.
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