H . . . . By Kavin 'CA Lateef's Academy - Educate All Trust" Youtube Channel Link:- https://www.youtube.com/channel/UC7iuDjCnEFfépAskdZsvQ3w J&K State Reorganisation Act, 2019 Complete in one lecture With MCQs istoric Background In ancient times, it was the hub of Hinduism and Buddhism Then- Mughal, Afghans and finally Sikhs In 1846 - Anglo-Sikh War - British won - control of Kashmir Treaty of Amritsar, 1846 - Maharaja Gulab Singh (first Dogra ruler) paid 75 lakhs rupee to buy Kashmir According to Indian independence Act, 1947, Princely States had choice either to choose India or Pakistan or none. Maharaja Hari Singh(last Dogra ruler) - wanted a standstill agreement. Pakistan agreed but India invited him to Delhi for negotiations - India wanted Plebiscite But before plebiscite could happen, Pakisian atacked - Only option for Hari Singh was to consider help from Inda - India agreed on the condition that Kashmir will join India after the war. On 26, Oct 1947, Instrument of Accession was signed. After that - Ist India-Pakistan War - Pakistan initially occupied % part - POK established Maharaja Hari Singh and Sheikh Abdullah rivalryHistoric Background On 17 Oct, 1949, Article 370 (in Part 21) incorporated in the Indian Constitution. Under temporay Article 370 - special stalus lo J&K - seperate constitution, separate flag, seperate citizenship, seperate another PM, all parliamentary laws can only be applicable to the state only after allowed by state legislative assembly, financial emergency can't be implimented, Schedule 5 & 6 were not applicable etc. Under Article 370(3) - it can only be revoked by the constituent assembly of J&K In 1952, Delhi Agreement (blw Jawaharlal Nehru and Sheikh Abdullah) Presidential Order - Constitution(Application to J&K) Order, 1954 - introduced Article 35(A) - “Permenant Residents" - exlusive rights on land of J&K and privileges in state jobs etc. In 2019, by the Constitution(Application to J&K) Order, 2019 - Article 35(A) got revoked While most of the provisions of Article 370 also revoked - word “Constituent Assembly” get changed into “Legislative Assembly” Article 367 - Interpretation - Constituent Assembly = Legislative Assembly On 6 March, 2020 - Delimitation Comission was constituted Important Facts Part 1: Article 1 to 4 - deals with Union and its terrority Article 3 - Reorganisation or alteration of boundaries of existing states Authority to Reorganise the state - Parliament only, not State Legislature Both the houses (LS and RS) has equal power to introduce bill Before introduction, prior recommendation of President is mandatory Before recommendation - refer to respective State Legislative Assembly - Recommendation is not binding Simple Majority (by RS and LS) - More than 50% of members present and votingImportant Facts eeoe 5 Aug 2019 - Introduced and passed by RAJYA SABHA ( HM - Amit Shah ) 6 Aug 2019 - Passed by LOK SABHA 9 Aug 2019 - Received President assent 31 Oct 2019 - Implemented/Executed/Enacted Act bifurcated J&K state into J&I< UT with legislature (Puducherry Model) and Ladakh UT without legislature (Chandigarh Model) Act contains 103 Sections, 14 Parts, 5 Schedules Overview Part 1 - Preliminary (1 & 2) Part 2 - Reorganisation of the state of J&K (3 to 7) Part 3 - Representation in the legislatures (8 to 57) Part 4 - Administration of the UT of Ladakh (58) Part 5 - Delimitation of the constituencies (59 to 64) Part 6 - SCs and STs (65 and 66) Part 7 - Miscellaneous and Transitional Provisions (67 to 74) Part 8 - High Court (75 to 78) Part 9 - Advocate General of UT of J&K (79) Part 10 - Authorisation of Expenditure and Distribution of Revenues (80 to 83) Part 11 - Appointment of Assets and Liabilities (84) Part 12 - Provisions as to certaon corporation and any other matters (85 to 87) Part 13 - Provisions as to Services (88 to 93) Part 14 - Legal and Miscellaneous Provisions (94 to 103)Part | - Preliminary [1 & 2] Section 1 - Name of Act - J&K Reorganisation Act, 2019 Section 2 Legislative Assembly means Legislative Assembly of J&K UT, SCs and STs - Article 341 and 342 respectively, et. Part Il - Representation of the state of J&K [3 to 7] Section 3 - Ladakh UT formed comprising of Kargil and Leh districts (without legislature) Section 4 - JAK UT formed comprising of other districts except Leh and Kargil (wth legislature) Section 5 - Now, Governor is replaced by UI, Governor of UT of J8K and Ladakh (appointed by President) Section 6 - Amendment af frst schedule ofthe Constituion ( Entry 15 deleted - States, Entry 8 & 9 added - UT) Section 7 » Restoration of Power of UT of J&K to altor name, boundary etc of any area (no effect to powers of J8K UT due to above sections) Part Ill - Representation in the legislatures [8 to 57] Sections 8 & 9 deals with Rajya Sabha Section 8 - Amendment to the 4th Schedule of Constitution (Entry 21 deleted and Entry 31 added for J&K UT) Section 9 - (1) +4 seats are allocated to UT of J&K in Rajya Sabha (Council of States) (2) = No change in term of sitting members in RS Sections 10, 11 and 12 deals with Lok Sabha Section 10 -5 seats allocated to J&K UT and 1 seat to Ladakh UT in House of People Section 41 - Delimitation of Parliamentary Constituencies Order, 1976 & Election Commission responsible for election related to LS - J&K as well as Ladakh UT Section 12 - Sitting members in LS - term unaltered - now members of UT of J&K and UT of LadakhSections 13 to 56 deals with LG and Legislative Assembly of J&K UT Section 13 - Provisions contained in Article 239(A) are applicable to J&K UT (Puducherry Model) Section 14 - (1) Under Ar 239(A) - Appointment of LG (Lieutenent Governor) as Administrator of J&K UT (2) UT of J&K with only legislative assembly ( Unicameralism from Bicameralism) (3) No. of seats in legislative assembly - 107 (4) (@) 24 seats to remain vacant for POK [ 107 - 24 = 83] (6) Reservation of seats for SCs and STs in LA of J8K UT (7) No, of seats for SCs and STs in accordance with their population ( 2011 census) Section 15 - LG can nominate two women in LA, if not having adequate representation Section 16 - Qualification of MLA ( min 25 years age and citizen of India) Section 17 - Duration of LA -5 years from the date of first meeting (Previously it was 6 years) and Extension of term during National Emergency (Ar. 352) Section 19 - Speaker and Deputy Speaker of LA Section 21 - Special Address by LG in LA at first session after every general election and every year Section 22 - Right of Ministers and Advocate General to speak and participate in the proceedings of LA without right to vote Section 24 - Oath and Affirmation by MLAs before LG or any person appointed on his behalf Section 25 - Speaker shall not vote in the first instance but have a casting vote, in case of tieSection 27 - Disqualification of members of LA (office of profit etc) - LG decision in accordance with the opinion of ECI Section 28 - Anti-defection Law (10th Schedule of Indian Constitution) Section 32 - (1) Power of LA to make laws on any subject mentioned in the State List in 7th Schedule except entry 1(Public Order) and 2(Police) Section 36 - Recommendation of LG before introduction of Money Bill in LA Section 38 - Assent to Bill by LG after passing from LA - Assent, Withhold, Return(except Money Bill), Reserve the Bill for the reconsideration of the President Section 39 - President can either give his assent or withhold his assent or return the bill Section 41 - (1) Annual Financial Statement (Budget) - laid down by LG before the LA Section 47 - (1) LAmay adopt one or more official languages for J&K UT Section 52 - Ordinance making power of LG when the LA is not in session (6 weeks validity after re-assembly of LA or before) Section 53 - (1) Strength of Council of Ministers consisting of not more than 10% of total members of LA Section 54 - (1) CM shall be appointed by LG Section 57 deals with Legislative Council Section 57 - (1) Abolition of Legislative Council (No more MLCs)Part IV - Administration of UT of Ladakh [Section 58] Section 58 - Administered according to Article 239, Part V - Delimitation of Constituencies [Section 59 to 64] Section 60 -(1) No. of seats for LA shall be increased from 107 to 114 Part VI - SCs and STs [Section 65 and 66) Section 65 - J&K (Scheduled Castes) Order 1956 shall be applicable to UT of Ladakh and UT of J&K Section 66 - J&K (Scheduled Tribes) Order, 1989 shall be applicable to UT of Ladakh and UT of J&K Part VII - Miscellaneous and Transitional Provisions [Section 67 to 74] Section 73 - President Rule (Failure of Constitutional Machinery or otherwise - Articles 358 and 365) Part VIII - High Court [Section 75 to 78] Soction 75 - There shall be common HC for both J&K and Ladakh UT Part IX - Advocate General of J&K UT [Section 79] Section 79 -(1) LG shall appoint AG (Qualification same as for HC judge eligiblity Part X - Authorisation of Expenditure and Distribution of Revenues [Section 80 to 83] Part XI - Apportionment of Assets and Liabilities [Section 84] Section 84 - Done on the recommendation of the committee constituted by Central Govt, within 12 months Part XII - Provisions as to certain Coorporations and other matters [Section 85 to 87] Section 85 - Central Govt may establish one or more advisory conmittees for distribution of sectors and other matters - Submit its report within 6 months to LG and LG has to act on those recommendations within 30 daysPart XIII - Provisions as to Services [Section 88 to 93] Section 88 - The members of the cadres of Indian Administrative Service, Indian Police Service and Indian Forest Service for the existing State of Jammu and Kashmir, on and from the appointed day, shalll continue to function on the existing cadres. While the All India Service Officers posted in J&K or Ladakh UT will come under AGMUT (Arunanchal Pradesh, Goa, Mizoram UT) cadre Part XIV - List of Miscellaneous Provisions [Section 94 to 103] Section 94 - In section 15 of the States Reorganisation Act, 1956, in clause (a), for the words “Jammu and Kashmir" the words “Union territory of Jammu and Kashmir and Union territory of Ladakh” shall be substituted Schedules First Schedule - Members of Council of States (RS members ) Second Schedule - Parliamentary Constituency - 1. Baramulla, 2. Srinagar, 3. Anantnag, 4. Udhampur, 5. Jammu [1 for Ladakh] Third Schedule - Assembly Constituencies Fouth Schedule - Oaths and Affirmation - MLAs, Ministers ete. Fifth Schedule - Tables - 106 Central laws applicable to J&K UT e.g., Wildlife Protection Act, 1972; RTI Act, 2008; Prohibition of Child Marriage Act, 2007; IPC, 1860; Hindu Marriage Act, 1955; Code of Civil Procedure, 1908; Code of Criminal Procedure, 1973; Aadhar Act etc - 166 State Laws will remain in-force e.g., J&K GST Act, 2017; JKBOSE Act, 1975; J&K Panchayati Raj Act, 1989; J&K Saffron Act, 2007 etc - 153 State Laws & 11 governor acts are repealed e.g., J&K Wildlife Protection Act, 1978; J&K RTI Act, 2009, RPC ete( J&K Reorganisation Act, © FOP 2019 os MCQs . After J&K Reorganisation Act 2019, the total strength of the Legislative Assemblu (excluding the seats reserved for POK region) is:. 17 109 90N . The term of MLAs in J&K would be: 4 years 6 years 7 years pom> 3. By which among the following articles would the J&K UT be administered? A. Article 370 B. Article 239 Cc. D. Article 14. What can be the maximum strength of COM as respect to total strength of LA? 15% A B. 20% Cc. D. No limit 5. Legislative Assembly of J&K UT can make laws on any subject listed in State List of Schedule 7 except : A. Public Order B. Police Cc. D. None of the Above6. Chief Architect of Article 370 is: A. PtJL Nehru B. Sardar Patel Cc. D. Sheikh Abdullah 7. How many members voted in favour of and against the J&K Reorganisation Act 2019 in LS respectively? A. 300 & 100 B. 350 &80 Cc. D. 400 &408. When were the J&K UT and Ladakh UT formed? A. 5Aug 2019 B. 6 Aug 2019 C. 9 Aug 2019 Dz 9. The model followed by J&K UT after introduction of J&K Reorganisation Act is: A. Chandigarh B. Delhi c. D. Andaman and Nicobar10. Total number of seats reserved for the POK region in Legislative Assembly of J&K UT: mooOmD> R 8 11. J&K Reorganisation Act 2019 was first introduced and passed in which house: A. House of People B. C. President D. Both A&B12. On which date, the act get assent from President of India: A. 5Aug 2019 B. 6 Aug 2019 Cc. D. 31 Oct 2019 13. Before the J&K Reorganisation act, which of the law was applicable to J&K State? A. Indian Penal Code (IPC) B. Ranbir Penal Code (RPC) C. RTIAct, 2009 D.14. As per Section 75 of J&K Reorganisation Act 2019, which of the following is correct? A. There shall be seperate High Courts for both Ladakh and J&K UT B. C. There shall be more than HCs in Ladakh as well as J&K UT D. The powers of HC of J&K should be restricted 15. Acc. to Section 15, how many women can LG of J&K Ut can nominate in LA? A 8. 2 c 3 Ds16. Which of the following UT has Legislative Assembly: J&K UT & Chandigarh UT Ladakh UT & Puducherry UT Puducherry UT & Chandigarh UT pom> 17. Which of the following sections deal with Annual Financial Statement (Budget) of J&K UT? A. Section 40 B. C. Section 42 D. Section 4318. J&K UT has which type of house structure after reorgnisation: A. B. Bicameralism C. Polycameralism/Multicameralism, D. None of the Above 19. Which section deals with the abolision of Legislative Council in J&K? A. Section 41 B. Section 51 Cc. D. Section 5920. How many seats are allocated for J&K UT in Lok Sabha ( House of People)? com> oman 21. According to Article 3, which type of Majority is required in Parliament to pass a bill related to State Reorganisation? A. Simple Majoriy B. Special Majority C. Absolute Majority D. Any of the above22. Which of the following has power to appoint Advocate General of J&K UT? A. Prime Minister B. President c. D. CM 23. Which Presidential Order is superceded by J&K Reorganisation Act 2019? Presidential Order of 1951 Presidential Order of 1952 Presidential Order of 1953 VOp>24. How many UTs are there in India including two new UTs of J&K and Ladakh? A 7 8. 8 C9 D. 10 25. Votes casted in favour of and against J&K Reorgnisation Act 2019 in Council of States respectively ? A. B. 123 & 63 C. 120 & 66 D. 114&7226. J&K Reorganisation Act 2019 contains how many sections, parts and schedules respectively? A. 122, 6,2 B. C. 106, 14,5 D. 102, 12,5 27. Which part of the act deals with Administration of Ladakh UT? A. Part2 B. Cc. PartS D. Parté28. Which Part of the act deals with Advocate General of India? A. Part4 B. Parté Cc. Part7 >. Pat 29. Which section of J&K Reorganisation Act deals with Anti-Defection Law? A. Section 24 B. Section 26 Cc. D. Section 3230. According to Schedule 2 of the act, which of the following consituency is not included in J&K UT? A B. Cc. D. Baramulla Srinagar Udhampur Please visit our youtube channel "CA Lateefis Academy" https://www.youtube.com/channel/UC7iuDjCnEFf6pAskdZsvQ3w