On August 5, the Narendra Modi government made the monumental decision to change the status of Jammu and Kashmir.
On Thursday, India woke up witness to another, albeit very different, instance of its tryst with destiny. As Wednesday came to an end, on the stroke of the midnight hour, when the world slept, the erstwhile state of Jammu and Kashmir (J&K) and Ladakh awakened to a new future. India now officially has one state less and two Union Territories more - J&K and Ladakh, i.e. India now has 28 states and 9 union territories.
The Union Territory of Ladakh will not have a legislative assembly and will be directly governed by the Home Ministry at the Centre via an appointed Lieutenant-Governor, like Andaman and Nicobar Islands. A former civil servant, Radha Krishna Mathur, took oath of office as the Lieutenant-Governor of Ladakh.
Jammu and Kashmir will have its own elected legislature and government, presided over by the appointed Lieutenant-Governor, more or less like the Delhi and Puducherry models. GC Murmu, a former bureaucrat from PM Modi’s home state of Gujarat, was sworn in as the first lieutenant governor of the union territory of Jammu and Kashmir.
On August 5, the Narendra Modi government made the monumental decision to change the status of Jammu and Kashmir. Through a Presidential Order, the government declared that Article 370 would cease to be operative, and specifically overrode a previous order that made Article 35A a part of the Constitution of India, thereby ending the special status accorded to the region.
Incidentally, the new UTs have come into existence on the National Unity Day, marked as the birth anniversary of Sardar Vallabhbhai Patel, India’s first home minister and freedom fighter.
The government is looking to take this opportunity to ramp up infrastructure, investment and tourism opportunities in the region, as well as integrating it in essence with the rest of India, as J&K has long been marked with separatist fires, fueled in turn by the special status enjoyed by it.
1. Changes in J&K, Ladakh
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A few of the changes that will occur in Jammu and Kashmir (J&K) and Ladakh
1: J&K UT geography: The new J&K Union Territory will comprise the territories of current Jammu and Kashmir regions
2: Law and order will remain with the Centre, which now also has the power to declare financial emergency under Article 360 in the state
3: LG replaces Governor: The Governor of current J&K will be the Lt Governor of the J&K and Ladakh UTs.
4: J&K to function like Puducherry: The provision of Article 239A applicable to Puducherry UT will be applicable to new J&K Union Territory.
5: Tenure of Assembly: New Assembly will have a term of 5 years in place of the current six years.
6: Strength of Assembly: New Assembly will have 107 MLAs. Out of 107 MLAs, 24 seats will be left vacant of PoK region.
7:Current Assembly: The outgoing Assembly had 111 members, in which 87 were elected members, 2 were nominated, while 24 seats in PoK were left vacant.
8:Nominated members: Under the new law, LG can nominate two women representatives in the J&K Assembly if he/she feels there is an inadequate female representation.
9:Rajya Sabha seats: Rajya Sabha to continue to host four sitting members from the current J&K
10: Lok Sabha Seats: Five Lok Sabha seats have been allocated to J&K Union Territory and one for the Ladakh UT.
2. A Constitutional Change
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The Lieutenant-Governor (LG) can reserve his consent: All the bills passed by the Assembly will be sent to LG for his consent. LG can give his assent, withhold it or send the bill for consideration of the President.
The Parliament to have primacy: If there is any inconsistency, Law by Parliament will prevail over any law passed by the new Assembly.
Council of minister: CM will have council of ministers consisting not more than 10% of the total members of the Assembly .
J&K state at the 15th position has been deleted from the States List in the First Schedule of the Constitution.
A new entry of J&K UT has been added in the Union Territories list at the 8th position in the First Schedule of the Constitution.
Delimitation: Union government proposes delimitation of J&K Assembly.
Govt proposes to increase number of seats from 107 to 114.
Delimitation would happen on the basis of 2011 census.
High Courts: J&K and Ladakh will continue to have a common High Court.
3. Commissions to be dissolved
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All the commissions in the state will be dissolved - the state Human Right Commission, women’s commission, information commission, accountably commission, etc.
However, the Public Service Commission will stay for some time.
Several opposition leaders had criticised the government's move, however, several political commentators had also called it bold but risky, however, it was agreed that the move is a direction in integrating Kashmir with the rest of India.
4. As J&K, Ladakh officially become UTs, govt employees to get benefits under 7th pay commission from today
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As Jammu & Kashmir and Ladakh officially becoming two separate Territories from October 31, 2019 midnight, the government employees in new UTs will now be eligible to get salaries under the 7th pay Commission.
Also Read: Applicable, amended, repealed: Changes in Central and state laws in UTs of J&K and Ladakh from today
Prime Minister Narendra Modi, who addressed the nation from the Statue of Unity in Kevadia, Gujarat on the occasion of Sardar Vallabhbhai Patel's 144th birth anniversary, said, "I am happy that from today all the government employees of Jammu, Kashmir & Ladakh will be getting the benefits under the 7th Pay Commission as granted to the employees of other Union Territories."
Also Read: As J&K, Ladakh formally become Union Territories, India now has 28 states and 9 UTs
Further speaking on the occasion, PM Modi said, "Article 370 only gave separatism and terrorism to J&K. It was the only place in the country where Article 370 was present, where in the last three decades, over 40,000 people got killed and several mothers lost their sons due to terrorism. Now, this wall of Article 370 has been demolished."
He also took an indirect jibe at Pakistan saying those who can't win wars against us are trying to break destroy our unity. a
5. Tally of states and UTs in India after J&K's status change
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Jammu & Kashmir (J&K) and Ladakh have now officially become two Union Territories, three months after the Centre bifurcated the J&K state into two union territories, revoking J&K's special status.
Also Read: Applicable, amended, repealed: Changes in Central and state laws in UTs of J&K and Ladakh from today
With this development, India now has one less state and two more Union Terrorities, which takes the tally to 28 states and 9 UTs.
Also Read: Jammu and Kashmir, Ladakh: 2 Union Territories now, here's how things will change
New UT J&K will be a one with the legislature while Ladakh will be without one. Ladakh will be directly governed by Centre via appointed Lieutenant Governor.
