History made in J&K, geography too: Article 370 revoked; state carved into two UTs

After major changes in Article 370, Jammu and Kashmir has lost its special status, with Article 35A (which permitted J&K legislature to define permanent residents of the region) automatically ceasing to exist. Due to Article 35A, non-residents (of J&K) were denied jobs, admissions to educational institutions, voting rights and the right to join central services. Kashmiri women marrying outsiders were deprived of their property rights but not so if a Pakistani married a Kashmiri woman. This was construed by many as a way of legitimising terrorists. ET takes a look at why the Centre deactivated Article 370.

The Rajya Sabha on Monday passed the Jammu and Kashmir Reorganisation Bill 2019, paving the way for division of Jammu and Kashmir into two Union territories — Jammu and Kashmir and Ladakh. The bill was passed with 125 voting in favour and 61 against.
Once the bill is passed by the Lok Sabha, Jammu and Kashmir will be India’s largest Union Territory, with lieutenant governor replacing the governor as its head.

The government has proposed to increase J&K assembly strength from 107 seats to 114 after a delimitation exercise. The current effective strength of the House is 87, including four Ladakh seats. Union Territory of Ladakh won’t have a legislature. The bill proposes to make Kargil and Leh part of Ladakh.

Twenty-four assembly seats of J&K assembly are vacant as they are in Pakistan-occupied Kashmir. “The number of seats in the legislative assembly of Union Territory of Jammu and Kashmir shall be increased from 107 to 114, and delimitation of the constituencies may be determined by the Election Commission,” reads the J&K Reorganisation Bill, 2019.

The bill says the lieutenant governor of UT of J&K may nominate two members to the assembly to give representation to women, if in his opinion women are “not adequately” represented in the assembly. It also says UT of J&K will have five Lok Sabha seats and Ladakh will have one.

The Election Commission may conduct polls for J&K assembly as per the allocation of seats specified in the Delimitation of Parliamentary Constituencies Order, 1976. Article 239A — applicable to Union territory of Puducherry — will apply to “Union territory of Jammu and Kashmir.”

The bill says J&K assembly will have a 5-year term like any other state; earlier, it had a 6-year tenure. “The assembly will make laws for the UT of J&K with respect to any of the matters enumerated in the state list, except public order and police as applicable in relation to the Union territories,” the bill says. Moreover, J&K’s Ranbir Penal Code will be replaced by the Indian Penal Code and Article 356, under which President’s rule is imposed in any state, will be applicable to J&K too.

Till now, governor’s rule was imposed in J&K by invoking Section 92 of J&K’s Constitution for a period of six months and was further extendable by imposing President’s rule, an official said.

With J&K and Ladakh to become Union territories, the total number of UTs will now go up to nine. The other UTs are: Delhi, Puducherry, Diu and Daman, Dadra and Nagar Haveli, Chandigarh, Lakshadweep and Andaman and Nicobar Islands.