Amendment to Jammu and Kashmir Reorganisation Act, 2019

  • 13 Jul 2024

On July 13th , 2024, the central government amended the Jammu and Kashmir Reorganisation Act, 2019, giving more powers to the Lieutenant Governor of the Union territory (UT) through the amendments.

Amendments

  • A sub-rule has been inserted in rule 5, and follows sub-rule (2). The sub-rule (2A) states that: “No proposal which requires previous concurrence of the Finance Department with regard to ‘Police’, ‘Public Order’, ‘All India Service’ and ‘Anti Corruption Bureau’ to exercise the discretion of the Lieutenant Governor under the Act shall be concurred or rejected unless it has been placed before the Lieutenant Governor through the Chief Secretary.”
  • Rules 42A and B have been inserted in principal rules, which follow rule 42. While 42A says that appointments of law officers, including Advocate General, shall be made only after the LG's approval, 42A notes that proposals regarding grant or refusal of persecution sanctions shall be brought before the LG by Chief Secretary via the Law Department.
  • In December 2023, the Supreme Court upheld abrogation of Article 370, which granted special status to the region.
  • The apex court also directed the Election Commission of India (ECI) to conduct assembly polls in the UT by 30th September 2024.

Jammu and Kashmir Reorganization Act, 2019

  • On the recommendation of Parliament, the President issued a Declaration under Article 370 of the Indian Constitution and gave assent to the Jammu and Kashmir Reorganization Act, 2019.
  • Accordingly, the former state of Jammu & Kashmir has been reorganized as the new Union Territory of Jammu and Kashmir and the new Union Territory of Ladakh on 31st October, 2019.
  • After the Act came into force, the erstwhile State of Jammu and Kashmir was reorganized into the Union territory of Jammu and Kashmir with Legislature and Union territory of Ladakh without Legislature.