J&K REORGANIZATION ACT, 2019 - POLITY

News: Why constitutional validity of J&K Reorganization Act clause went unchallenged: Supreme Court

 

What's in the news?

       The Supreme Court quizzed petitioners about the reason for not challenging the constitutional validity of a specific provision in the Jammu and Kashmir Reorganization Act which confers the Delimitation Commission with the power to “carry out” the re-adjustment of constituencies in the Union Territory formed after the abrogation of Article 370 in the erstwhile State.

 

Key takeaways:

Contradiction in the Act:

       Section 62(2) of the J&K Reorganization Act, 2019 provides for the readjustment of constituencies to be carried out by the Delimitation Commission. It is in contradiction with Section 60 of the Act which provides that only the Election Commission of India (ECI) was empowered to conduct the delimitation exercise.

       Further, Article 170 of the Constitution barred delimitation exercise on the basis of the 2011 census. It had to either happen on the basis of the 2001 census or await “the first census after the year 2026”. But, the delimitation of the J&K constituencies happened on the basis of 2011 Census also comes in contradiction.

J& K Reorganization Act, 2019:

       After the Government of India repealed the special status accorded to Jammu and Kashmir under Article 370 of the Indian constitution in 2019, the Parliament of India passed the Jammu and Kashmir Reorganisation Act, which contained provisions that dissolved the state and reorganized it into two union territories – Jammu and Kashmir in the west and Ladakh in the east.

       The government has two reasons for the bifurcation of the existing state of J&K into two Union Territories.

       The flag and constitution of Jammu and Kashmir, as well as the Ranbir Penal Code (RPC), cease to exist, with the Indian Penal Code (IPC) now extending to both UTs.

       The two union territories came into existence on 31 October 2019, which was celebrated as National Unity Day.

Ladakh and J&K:

       The Ladakh Division of the State of Jammu and Kashmir is geographically large but sparsely populated, with difficult terrain, and there has been a long-pending demand of the people of Ladakh to give it the status of a Union Territory.

       Kargil and Leh districts form Ladakh, while the rest of the region constitutes the Union territory of Jammu and Kashmir.

       The prevailing internal security situation and cross border terrorism in the existing state of Jammu and Kashmir.

Governance Structure:

       The Union Territory of J&K will have a 114-member elected Assembly and a Chief Minister whereas the Union territory of Ladakh will be controlled directly by the L-G (i.e. without an Assembly).

 

Jammu & Kashmir Delimitation:

Constituencies Redrawal:

Delimitation Commission has recommended seven additional constituencies such as

       6 for Jammu

       1 for Kashmir

       Jammu Division will now have 43 seats compared to 37 earlier

       While Kashmir Valley will have 47 seats compared to 46 earlier.

 

Lok Sabha Seats:

       Reorganization of the Parliamentary constituencies so that 5 Lok Sabha seats constitute 18 Assembly constituencies each, taking the total number of assembly constituencies to 90.

       Reserving 9 Assembly seats for Scheduled Tribes, 6 in Jammu while 3 in Kashmir.

       Doing away with regional distinction between Jammu and Kashmir and treating it as one. The Anantnag region in Kashmir has been combined with Rajouri and Poonch in Jammu to carve out Anantnag-Rajouri as one Parliamentary constituency.

 

Kashmiri Migrants:

       The Commission has recommended provision of at least two members from the community of Kashmiri Migrants (Kashmiri Hindus) in the Legislative Assembly.

       It has also recommended that the Centre should consider giving representation in the J&K Legislative Assembly to the displaced persons from Pakistan-occupied Kashmir, who migrated to Jammu after Partition.

 

Schedule Tribes:

       The Commission has reserved nine Assembly seats for Scheduled Tribes.

       Six of these are in the redrawn Anantnag parliamentary seat, including in Poonch and Rajouri, which has the highest ST population.