JAMMU AND KASHMIR REORGANIZATION BILL 2019
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Username RAHUL PRADHAN
on 14/08/2019

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JAMMU AND KASHMIR REORGANISATION BILL 2019

 

The Jammu and Kashmir Reorganization Act, 2019, contains provisions to reorganize the State of Jammu and Kashmir  into two union territories, one to be called Jammu and Kashmir, and the other Ladakh .

The bill was introduce in the upper house of the Indian parliament, Rajya Sabha  on 5 august 2019 by Indian home minister Amit shah and it passed by 125 votes in favour of the bill and 61 against. It was then passed through the lok shabha on 6 august 2019 and assented to by the president of India, Ram nath kovind on 9 August 2019.It will come into effect from 31 october 2019.

HISTORY OF JAMMU AND KASHMIR

 

During the 5th century, Jammu and kashmir was resided by the buddist.Later during the 6-12th century it was occupied by the Hindu kings .Then the Mughal kings owned the state until the afghan took over it. At last in the 18th century it was taken over by britishers  but they handed over to the puppet king named Hari singh.

Then prime minster Jawaharlal Nehru had directed Kashmiri leader sheikh Abdullah to consult Ambedkar (then law minister) to prepare the draft of suitable article to be included in the constitution, but Dr BR Ambedkar refused to draft the article 370,as he wanted to maintain in equilibrium to all the states of India.

Article 370 was eventually drafted by gopalaswami ayyangar.

Article 370

J&K has two flags one of Kashmir and other is india’s tricolor flag.

The citizen of other indian state cannot buy any kind of property in the state.

If a Kashmiri girl marries an Indian, then her citizenship terminates but if she marries a Pakistani then her citizenship will be retained even the Pakistani will also get the citizenship of Indian.

Insulting of National Symbols of India in J&K does not fall under the category of crime.

The president of india does not have the power of to declare financial emergency in he state.

Jammu and Kashmir has three distinct areas:

Hindu-majority Jammu, Muslim-majority Kashmir and Buddhist-majority Ladakh

 

CONSTITUTION ORDER 2019

 

The president of the Indian instead of issuing presidential order under the article 370(3) has now issued a presidential order under the Article 370(1)

In a similar way the article 367 has also been amended. The amendment of Article 367 lay down interpretation rule for provision in the constitution pertaining to Jammu and Kashmir with the reference of Article 370(3).

Article 367 now replaced the constitutional assembly by legislative assembly. This now enable the president of India to repeal the provision with the concurrence of legislative assembly of Jammu and Kashmir.

The article was drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions. It was included on October 17 1949 and exempted Jammu and Kashmir from indian constitution(except article 1 and 370 itself).

Then jammu and Kashmir got the power of ’Autonomous State’ to draft its own constitution.

State government  concurrence  was required in all laws except defence,foreign affairs and communication and issued specified in instrument of Accession.

The constitutional bill ceased to exist since 1956 when it was dissolved. The assembly at the time of its dissolution,had said nothing about the abrogation of article 370.Consequently Article 370,through it reside among the temporary provisions  of the constitution to become the permanent feature of the constitution.

Now with  this amendment it abrogate the special status accorded to Jammu and Kashmir under the provision of Article 370 and scrap Article 35(A)which defined the permanent residents and their special rights and privileges.

All the provision of the constitution shall apply in relation to the state of jammu and Kashmir.

Jammu and Kashmir will have two union territory ladakh and jammu and Kashmir

Ladakh will have kargil and leh districts.jammu and Kashmir will have the rest of the territory other than kargil and leh district.

The jammu and Kashmir Reservation bill 2019 seek to extend the 10 percent quota to economical weaker section to the state.

 



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