AISHWARYA COLLEGE OF EDUCATION(LAW)

SESSION-2024-25

B.A .LL.B –4th SEMESTER

SUBJECT – CONSTITUTIONAL LAW-I

TOPIC- JAMMU AND KASHMIR RECOGANATION ACT 2019

SUBMITTED TO - SUBMITTED BY -

Mrs. RUPALI BOHRA SNEHA SHARMA

(ASST. PROFESSOR)
 INDEX

Sr.No Content Page No.

1 Introduction
2 Background Article 370 and
35A
3 Provision of Act
4 Legal and constitutional
Analysis
5 Future Effects of the Act
6 Important Case Laws
7 Conclusion
8 Bibliography
 ACKNOWLEGEMENT

On this great occasion of successful completion of my assignment

on Jammu and Kashmir Recongnation Act 2019 I would like to thank
my lecturer Mrs. Rupali Bohra Ma’am , who has guided and
assisted me to complete the assignment. Without his support I
would not have finished the assignment within time.

I would also like to take again this opportunity to thank our

Coordinator Mrs. Dr Neelema Arora , Ma’am and my friends and
family members, without them this assignment could not have
been completed in a short duration.
 INTRODUCTION:

The Jammu and Kashmir Reorganisation Act, 2019, passed by the Indian Parliament on
August 6, 2019, fundamentally redefined the political and constitutional status of the
erstwhile state of Jammu and Kashmir. The Act followed the presidential order abrogating
Article 370, thereby revoking the special status of J&K and bifurcating it into two Union
Territories — Jammu and Kashmir (with a legislative assembly) and Ladakh (without a
legislative assembly).

This decision was justified by the central government as a means to promote national
integration, peace, and development in the region. However, the move also sparked
significant constitutional, legal, political, and international debates, making it one of the
most impactful legal developments in post-independence India.

BACKGROUND: ARTICLE 370 ARTICLE 35A

1. Origin of Article 370

• Article 370 was incorporated into the Constitution of India in 1950, providing
special autonomous status to the state of Jammu and Kashmir.
• It was a temporary provision under Part XXI of the Constitution, intended to govern
the relationship between J&K and the Union of India until the former framed its own
Constitution.
2. Key Features of Article 370
• Indian Parliament could legislate on J&K only in defense, foreign affairs, finance,
and communications, unless consent was given by the state government.
• No law passed by the Indian Parliament automatically applied to J&K unless ratified
by its Legislative Assembly.

3. Article 35A
• Inserted via a Presidential Order in 1954, this provision empowered the J&K
Legislature to define “permanent residents” and accord them exclusive rights over:
• Property ownership
• Government employment
• Educational scholarships
• Welfare benefits
• This article was seen as discriminatory by critics, as it restricted non-residents from
owning land or settling in the state.

PROVISIONS OF THE JAMMU AND KASHMIR REORGANISATION ACT,

2019

The Act is composed of 103 Sections, 5 Schedules, and is broadly based on the
reorganisation of states under Article 3 of the Constitution of India.

1. Bifurcation of State
• Jammu and Kashmir was divided into two Union Territories:
• Union Territory of Jammu & Kashmir with a legislative assembly (like Delhi or
Pondicherry).
• Union Territory of Ladakh without a legislative assembly (like Chandigarh).
2. Governance Structure
• Both UTs are to be governed by Lieutenant Governors appointed by the President of
India.
• Legislative powers in J&K exclude “public order” and “police” (under Central
Government control).
• Ladakh will be administered directly by the Union Government through its LG.

3. Legislative and Parliamentary Changes

• J&K Assembly to have 107 seats (later increased to 114 after delimitation, with 90
elected seats).
• Ladakh will have no legislature.
• Representation in Lok Sabha:
• J&K: 5 seats
• Ladakh: 1 seat
• Rajya Sabha representation continues only for J&K.

4. Judiciary

• The High Court of J&K continues to serve both UTs.

• Supreme Court jurisdiction is fully applicable.
• All central laws are now extended to J&K and Ladakh without exception.

5. Delimitation and Elections

• A Delimitation Commission was set up to redraw assembly constituencies based on

the 2011 census.
• Conduct of elections and restoration of full legislative functioning in J&K remains
under consideration.

LEGAL AND CONSITUTIONAL ANALYSIS

1. Legality of Abrogation of Article 370

• The abrogation was done through a Presidential Order (C.O. 272) with the
concurrence of the Governor of J&K, since the Constituent Assembly of J&K ceased
to exist in 1957.
• Critics argue that using the Governor’s consent was legally questionable, as he was a
representative of the Union and not an elected body.

2. Use of Article 3
• Under Article 3, the Union Government has the authority to reorganise states.
• However, the absence of consent from the J&K Legislative Assembly (due to its
dissolution at the time) raised concerns about federalism and state autonomy.

3. Judicial Review
• Multiple petitions were filed in the Supreme Court questioning the legality of:
• The procedure adopted to abrogate Article 370.
• The constitutional validity of the Reorganisation Act.
• The Supreme Court in 2023 upheld the government’s decision, stating that:
• Article 370 was a temporary provision.
• The President had the power to amend it using Article 370(1)(d).
• The sovereignty of India and unity of the Constitution justified the changes.
FUTURE EFFECTS OF THE ACT

1. Political Implications
• Establishes stronger central control over a previously autonomous region.
• Potential restoration of statehood for J&K (as promised by Union Government) may
be a significant political development.
• Altered Kashmiri political landscape, with new parties, alliances, and narratives
emerging.

2. Socio-Economic Impact
• Removal of investment restrictions has opened the region to private sector
participation.
• Land and property laws now allow non-residents to purchase land, leading to
economic opportunities but also fears of demographic change.
• Direct application of central welfare schemes such as PM-KISAN, Ayushman
Bharat, etc., in J&K and Ladakh.

3. Legal Reforms
• Over 160 Central laws have been extended to J&K and Ladakh, including:
• Right to Education Act
• Prevention of Corruption Act
• Reservation Laws for SCs/STs
• Special status laws and privileges have been repealed or aligned with national
norms.

4. Security and Geopolitical Considerations

• Increased surveillance and military presence post-reorganisation.
• Ladakh’s emergence as a separate UT is crucial given border tensions with China
 (e.g., Galwan Valley conflict).
• J&K’s full integration into India projected as a unified national interest response to
cross-border terrorism.

IMPORTANT CASE LAWS:

1. Prem Nath Kaul v. State of Jammu and Kashmir (1959)

• Held that sovereignty of J&K was subordinate to the Indian Constitution.
• Recognised the temporary nature of Article 370.

2. Sampat Prakash v. State of J&K (1969)

• Reaffirmed that Article 370 could continue even after the dissolution of the J&K
Constituent Assembly.
• Indicated that Article 370’s continuance was subject to presidential discretion.

3. Mohd Maqbool Damnoo v. State of J&K (1972)

• Upheld the President’s power to replace the “Sadr-i-Riyasat” with “Governor” for
Article 370 purposes.
• Supported Centre’s growing role in J&K governance.

4. Jammu and Kashmir Delimitation Case (2020-22)

• The Supreme Court upheld the validity of the Delimitation Commission, despite
challenges that it was discriminatory and violated federal principles.
5. In Re: Abrogation of Article 370 (2023)
• Constitution Bench upheld the validity of the abrogation.
• Declared Article 370 as temporary and transitional, allowing for presidential
intervention.
• Directed the Union Government to restore statehood to Jammu and Kashmir as early
as possible.

CONCLUSTION:

The Jammu and Kashmir Reorganisation Act, 2019, marks a historic constitutional
transformation in India’s federal structure. The abrogation of Article 370 and the
bifurcation of the state have deep legal, political, social, and international implications.
While the move has led to greater central integration and the uniform application of laws,
it has also sparked ongoing debates over constitutional morality, democratic
representation, and regional autonomy.

The real test lies in the implementation of governance, the protection of regional identity,
and the promotion of peace and development in this strategically significant and
historically sensitive region.
 BIBLIOGRAPHY

 Government of India. (2019). The Jammu and Kashmir

Reorganisation Act, 2019. Ministry of Law and Justice.

 Press Information Bureau. (2019). Article 370 and 35A Abrogated:

Jammu and Kashmir Reorganized. Government of India.

 Noorani, A. G. (2011). Article 370: A Constitutional History of Jammu

and Kashmir. Oxford University Press.

 Choudhury, G. W. (2020). Reorganization of Jammu and Kashmir:

Political, Legal and Constitutional Implications. Indian Journal of
Public Administration.

 Commentary on the Constitution of India – D.D. Basu