The J&K Reorganization Act’s Consequences

Splitting and carving out new states is usual in India, but converting the status of a former state to a Union Territory is a novelty. The removal of the aforementioned provision has long been in the BJP Party’s manifesto, but the abrupt decision surprised both political analysts and opposing parties. Though the bill won near-unanimous approval in parliament, the decision to house arrest the valley’s key politicians and shut down communication networks throughout the valley was heavily attacked. The bill was also introduced in the Rajya Sabha without following any norms or procedures. The measure did not appear on the business list for the day. It was tabled and passed without any consideration or debate. The move has far-reaching implications, both symbolically and substantively.

Potential changing of a state’s status to UT

• India: A Federation with a Unitary Bias: India is built on the foundation of its states. Each state has an elected assembly and a government responsible for administrative affairs such as taxation and law enforcement. The seventh schedule of the Constitution divides the power of the center and the states into three lists: Union List, State List, and Concurrent List. The center has received all residual powers.
• Territories of the Union: The Union governs its territories directly. Part VIII of the Constitution addresses the governance of the Union Territories. The President of India selects an administrator or Lieutenant Governor for each UT. The parties in power at the central and state levels, who then appoint Lieutenant Governors to UTs, elect the President. In effect, this implies that the Union Territories obey the central government’s orders.
• Jammu and Kashmir’s special status: Jammu and Kashmir was a unique example in Indian history, with its own mini-constitution and distinct land inheritance rules. Article 370 of the Indian Constitution grants the state of Jammu and Kashmir autonomy and immunity from the full scope of the Indian Constitution. This essay aims to give the people of Jammu and Kashmir a voice in governance, as they have long felt vulnerable about their identity and uncertain about their future. However, successive governments have extended the majority of Constitutional Acts and amendments to the state, eroding Article 370 over time. Successive central administrations have issued over 40 consecutive presidential orders (as amendments to the initial order) to make various articles of the Indian Constitution applicable to Jammu and Kashmir. Prior to the Reorganisation Act, 94 of the 97 items on the Union List were already relevant to J&K.

The J&K Reorganisation Act’s

• With the new changes, Ladakh has been designated as a separate Union Territory without a legislative assembly, whereas Jammu and Kashmir will become a Union Territory with one. Jammu and Kashmir will also keep its High Court.
• The repeal of Article 370 means that all future Central laws will apply to the new Union Territory. The fifth schedule of the Act also contains 106 Central Acts that will become applicable in the new Union Territory, whereas 153 State Acts would be abolished.
• With these revisions, Jammu and Kashmir’s competence field has been significantly decreased. It has lost authority over the state police. The area has become more reliant on the Centre for Money Devolution because it no longer has the financial autonomy it formerly had as a state. The Assembly will be able to enact laws on matters on the State and Concurrent Lists, but this will be limited – no control over public order, police, or much of trade and business.
• It may be a welcome development for Ladakh, which has suffered from neglect for the past 70 years. Its new status as a Union territory may encourage growth while also creating jobs in the region.

Arguments for Equality

Reservations for Scheduled Castes and Scheduled Tribes will be made for the first time in Jammu & Kashmir, as part of a larger program to extend national reservations and progressive changes to the region. For example, the 2005 Hindu Succession Act modifications that granted women the same inheritance rights as men will now apply. Section 139 of the J&K Transfer of Property Act, which restricted property transfers, is likewise no longer in effect.

All of the center’s scholarship programs will apply to the region. The emphasis on initiatives that affect individual recipients stems from the notion that they will have a visible impact on the ground and show the government’s intent to the locals on the development front.

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