By Kavin

"CA Lateef’s Academy – Educate All Trust" Youtube Channel

Link:- https://www.youtube.com/channel/UC7iuDjCnEFf6pAskdZsvQ3w

J&K State Reorganisation Act,

2019
Complete in one lecture

With MCQs

By Kavin (Faculty of CA Lateef's Academy)

Historic Background
● In ancient times, it was the hub of Hinduism and Buddhism
● Then- Mughal, Afghans and finally Sikhs
● In 1846 - Anglo-Sikh War - British won - control of Kashmir
● Treaty of Amritsar, 1846 - Maharaja Gulab Singh(first Dogra ruler) paid 75 lakhs rupee
to buy Kashmir
● According to Indian Independence Act, 1947, Princely States had choice either to
choose India or Pakistan or none.
● Maharaja Hari Singh(last Dogra ruler) - wanted a standstill agreement. Pakistan agreed
but India invited him to Delhi for negotiations - India wanted Plebiscite.
● But before plebiscite could happen, Pakistan attacked - Only option for Hari Singh was
to consider help from Inda - India agreed on the condition that Kashmir will join India
after the war.
● On 26, Oct 1947, Instrument of Accession was signed. After that - Ist India-Pakistan
War - Pakistan initially occupied ⅓ part - POK established
● Maharaja Hari Singh and Sheikh Abdullah rivalry
Historic Background
● On 17 Oct, 1949, Article 370 (in Part 21) incorporated in the Indian Constitution.
● Under temporay Article 370 - special status to J&K - seperate constitution, separate
flag, seperate citizenship, seperate another PM, all parliamentary laws can only be
applicable to the state only after allowed by state legislative assembly, financial
emergency can’t be implimented, Schedule 5 & 6 were not applicable etc.
● Under Article 370(3) - it can only be revoked by the constituent assembly of J&K
● In 1952, Delhi Agreement (b/w Jawaharlal Nehru and Sheikh Abdullah)
● Presidential Order - Constitution(Application to J&K) Order, 1954 - introduced Article
35(A) - “Permenant Residents” - exlusive rights on land of J&K and privileges in state
jobs etc.
● In 2019, by the Constitution(Application to J&K) Order, 2019 - Article 35(A) got revoked
while most of the provisions of Article 370 also revoked - word “Constituent Assembly”
get changed into “Legislative Assembly”.
● Article 367 - Interpretation - Constituent Assembly = Legislative Assembly
● On 6 March, 2020 - Delimitation Comission was constituted
Important Facts
● Part 1: Article 1 to 4 - deals with Union and its terrority
● Article 3 - Reorganisation or alteration of boundaries of existing states
● Authority to Reorganise the state - Parliament only, not State Legislature
● Both the houses (LS and RS) has equal power to introduce bill
● Before introduction, prior recommendation of President is mandatory
● Before recommendation - refer to respective State Legislative Assembly -
Recommendation is not binding
● Simple Majority (by RS and LS) - More than 50% of members present and voting
Important Facts
● 5 Aug 2019 - Introduced and passed by RAJYA SABHA ( HM - Amit Shah )
● 6 Aug 2019 - Passed by LOK SABHA
● 9 Aug 2019 - Received President assent
● 31 Oct 2019 - Implemented/Executed/Enacted
- Act bifurcated J&K state into J&K UT with legislature (Puducherry Model) and
Ladakh UT without legislature (Chandigarh Model)
- Act contains 103 Sections, 14 Parts, 5 Schedules
Overview
● Part 1 - Preliminary (1 & 2)
● Part 2 - Reorganisation of the state of J&K (3 to 7)
● Part 3 - Representation in the legislatures (8 to 57)
● Part 4 - Administration of the UT of Ladakh (58)
● Part 5 - Delimitation of the constituencies (59 to 64)
● Part 6 - SCs and STs (65 and 66)
● Part 7 - Miscellaneous and Transitional Provisions (67 to 74)
● Part 8 - High Court (75 to 78)
● Part 9 - Advocate General of UT of J&K (79)
● Part 10 - Authorisation of Expenditure and Distribution of Revenues (80 to 83)
● Part 11 - Appointment of Assets and Liabilities (84)
● Part 12 - Provisions as to certaon corporation and any other matters (85 to 87)
● Part 13 - Provisions as to Services (88 to 93)
● Part 14 - Legal and Miscellaneous Provisions (94 to 103)
Part I - Preliminary [1 & 2]
Section 1 - Name of Act - J&K Reorganisation Act, 2019

Section 2 - Legislative Assembly means Legislative Assembly of J&K UT, SCs and STs - Article 341 and 342
respectively, etc.

Part II - Representation of the state of J&K [3 to 7]

Section 3 - Ladakh UT formed comprising of Kargil and Leh districts (without legislature)

Section 4 - J&K UT formed comprising of other districts except Leh and Kargil (with legislature)

Section 5 - Now, Governor is replaced by Lt. Governor of UT of J&K and Ladakh (appointed by President)

Section 6 - Amendment of first schedule of the Constitution ( Entry 15 deleted - States, Entry 8 & 9 added - UT)

Section 7 - Restoration of Power of UT of J&K to alter name, boundary etc of any area ( no effect to powers of J&K UT due
to above sections)
Part III - Representation in the legislatures [8 to 57]
Sections 8 & 9 deals with Rajya Sabha

Section 8 - Amendment to the 4th Schedule of Constitution (Entry 21 deleted and Entry 31 added
for J&K UT)

Section 9 - (1) - 4 seats are allocated to UT of J&K in Rajya Sabha (Council of States)

(2) - No change in term of sitting members in RS

Sections 10, 11 and 12 deals with Lok Sabha

Section 10 - 5 seats allocated to J&K UT and 1 seat to Ladakh UT in House of People

Section 11 - Delimitation of Parliamentary Constituencies Order, 1976 & Election Commission

responsible for election related to LS - J&K as well as Ladakh UT

Section 12 - Sitting members in LS - term unaltered - now members of UT of J&K and UT of Ladakh
Sections 13 to 56 deals with LG and Legislative Assembly of J&K UT

Section 13 - Provisions contained in Article 239(A) are applicable to J&K UT (Puducherry Model)

Section 14 - (1) Under Ar 239(A) - Appointment of LG (Lieutenent Governor) as Administrator of J&K

UT

(2) UT of J&K with only legislative assembly ( Unicameralism from Bicameralism)

(3) No. of seats in legislative assembly - 107

(4) (a) 24 seats to remain vacant for POK [ 107 - 24 = 83 ]

(6) Reservation of seats for SCs and STs in LA of J&K UT

(7) No. of seats for SCs and STs in accordance with their population ( 2011 census)

Section 15 - LG can nominate two women in LA, if not having adequate representation
Section 16 - Qualification of MLA ( min 25 years age and citizen of India)
Section 17 - Duration of LA - 5 years from the date of first meeting (Previously it was
6 years) and Extension of term during National Emergency (Ar. 352)
Section 19 - Speaker and Deputy Speaker of LA
Section 21 - Special Address by LG in LA at first session after every general election
and every year
Section 22 - Right of Ministers and Advocate General to speak and participate in the
proceedings of LA without right to vote
Section 24 - Oath and Affirmation by MLAs before LG or any person appointed on
his behalf
Section 25 - Speaker shall not vote in the first instance but have a casting vote, in
case of tie
Section 27 - Disqualification of members of LA (office of profit etc) - LG decision in
accordance with the opinion of ECI

Section 28 - Anti-defection Law (10th Schedule of Indian Constitution)

Section 32 - (1) Power of LA to make laws on any subject mentioned in the State List
in 7th Schedule except entry 1(Public Order) and 2(Police)

Section 36 - Recommendation of LG before introduction of Money Bill in LA

Section 38 - Assent to Bill by LG after passing from LA - Assent, Withhold,

Return(except Money Bill), Reserve the Bill for the reconsideration of the President

Section 39 - President can either give his assent or withhold his assent or return the
bill
Section 41 - (1) Annual Financial Statement (Budget) - laid down by LG before the
LA

Section 47 - (1) LA may adopt one or more official languages for J&K UT

Section 52 - Ordinance making power of LG when the LA is not in session (6 weeks

validity after re-assembly of LA or before)

Section 53 - (1) Strength of Council of Ministers consisting of not more than 10% of
total members of LA

Section 54 - (1) CM shall be appointed by LG

Section 57 deals with Legislative Council

Section 57 - (1) Abolition of Legislative Council ( No more MLCs)

Part IV - Administration of UT of Ladakh [Section 58]
Section 58 - Administered according to Article 239

Part V - Delimitation of Constituencies [Section 59 to 64]

Section 60 - (1) No. of seats for LA shall be increased from 107 to 114

Part VI - SCs and STs [Section 65 and 66]

Section 65 - J&K (Scheduled Castes) Order 1956 shall be applicable to UT of Ladakh and UT of J&K

Section 66 - J&K (Scheduled Tribes) Order, 1989 shall be applicable to UT of Ladakh and UT of J&K

Part VII - Miscellaneous and Transitional Provisions [Section 67 to 74]

Section 73 - President Rule (Failure of Constitutional Machinery or otherwise - Articles 356 and 365)
Part VIII - High Court [Section 75 to 78]
Section 75 - There shall be common HC for both J&K and Ladakh UT

Part IX - Advocate General of J&K UT [Section 79]

Section 79 - (1) LG shall appoint AG (Qualification same as for HC judge eligiblity

Part X - Authorisation of Expenditure and Distribution of Revenues [Section 80

to 83]
Part XI - Apportionment of Assets and Liabilities [Section 84]
Section 84 - Done on the recommendation of the committee constituted by Central Govt. within 12 months

Part XII - Provisions as to certain Coorporations and other matters [Section

85 to 87]
Section 85 - Central Govt may establish one or more advisory conmittees for distribution of sectors and other
matters - Submit its report within 6 months to LG and LG has to act on those recommendations within 30 days
Part XIII - Provisions as to Services [Section 88 to 93]

Section 88 - The members of the cadres of Indian Administrative Service, Indian

Police Service and Indian Forest Service for the existing State of Jammu and
Kashmir, on and from the appointed day, shall continue to function on the existing
cadres. While the All India Service Officers posted in J&K or Ladakh UT will come
under AGMUT (Arunanchal Pradesh, Goa, Mizoram UT) cadre

Part XIV - List of Miscellaneous Provisions [Section 94 to 103]

Section 94 - In section 15 of the States Reorganisation Act, 1956, in clause (a), for
the words “Jammu and Kashmir” the words “Union territory of Jammu and Kashmir
and Union territory of Ladakh” shall be substituted
Schedules
First Schedule - Members of Council of States ( RS members )
Second Schedule - Parliamentary Constituency - 1. Baramulla, 2. Srinagar, 3. Anantnag, 4.
Udhampur, 5. Jammu [1 for Ladakh]
Third Schedule - Assembly Constituencies
Fouth Schedule - Oaths and Affirmation - MLAs, Ministers etc.
Fifth Schedule - Tables
- 106 Central laws applicable to J&K UT e.g., Wildlife Protection Act, 1972; RTI Act,
2005; Prohibition of Child Marriage Act, 2007; IPC, 1860; Hindu Marriage Act, 1955; Code of
Civil Procedure, 1908; Code of Criminal Procedure, 1973; Aadhar Act etc
- 166 State Laws will remain in-force e.g., J&K GST Act, 2017; JKBOSE Act, 1975; J&K
Panchayati Raj Act, 1989; J&K Saffron Act, 2007 etc
- 153 State Laws & 11 governor acts are repealed e.g., J&K Wildlife Protection Act, 1978;
J&K RTI Act, 2009, RPC etc
 J&K Reorganisation Act,
.. 2019 ..
MCQs
1. After J&K Reorganisation Act 2019, the total strength of
the Legislative Assemblu (excluding the seats reserved
for POK region) is:.

A. 117
B. 109
C. 83
D. 90
2. The term of MLAs in J&K would be:
A. 4 years
B. 5 years
C. 6 years
D. 7 years
3. By which among the following articles would the J&K UT
be administered?
A. Article 370
B. Article 239
C. Article 239(A)
D. Article 1
4. What can be the maximum strength of COM as respect
to total strength of LA?
A. 10%
B. 20%
C. 15%
D. No limit
5. Legislative Assembly of J&K UT can make laws on any
subject listed in State List of Schedule 7 except :

A. Public Order
B. Police
C. Both A & B
D. None of the Above
6. Chief Architect of Article 370 is:
A. Pt JL Nehru
B. Sardar Patel
C. N Gopal Swami Ayyangar
D. Sheikh Abdullah
7. How many members voted in favour of and against the
J&K Reorganisation Act 2019 in LS respectively?
A. 300 & 100
B. 350 & 80
C. 370 & 70
D. 400 & 40
8. When were the J&K UT and Ladakh UT formed?
A. 5 Aug 2019
B. 6 Aug 2019
C. 9 Aug 2019
D. 31 Oct 2019
9. The model followed by J&K UT after introduction of J&K
Reorganisation Act is:
A. Chandigarh
B. Delhi
C. Puducherry
D. Andaman and Nicobar
10. Total number of seats reserved for the POK region in
Legislative Assembly of J&K UT:

A. 20
B. 21
C. 22
D. 23
E. 24
11. J&K Reorganisation Act 2019 was first introduced and
passed in which house:
A. House of People
B. Council of States
C. President
D. Both A&B
12. On which date, the act get assent from President of
India:
A. 5 Aug 2019
B. 6 Aug 2019
C. 9 Aug 2019
D. 31 Oct 2019
13. Before the J&K Reorganisation act, which of the law
was applicable to J&K State?
A. Indian Penal Code (IPC)
B. Ranbir Penal Code (RPC)
C. RTI Act, 2009
D. Both B&C
14. As per Section 75 of J&K Reorganisation Act 2019,
which of the following is correct?
A. There shall be seperate High Courts for both Ladakh and J&K UT
B. There shall be common HC for both UTs of Ladakh and J&K
C. There shall be more than HCs in Ladakh as well as J&K UT
D. The powers of HC of J&K should be restricted
15. Acc. to Section 15, how many women can LG of J&K
Ut can nominate in LA?
A. 1
B. 2
C. 3
D. 5
16. Which of the following UT has Legislative Assembly:

A. J&K UT & Chandigarh UT

B. Ladakh UT & Puducherry UT
C. Puducherry UT & Chandigarh UT
D. J&K UT & Puducherry
17. Which of the following sections deal with Annual
Financial Statement (Budget) of J&K UT?
A. Section 40
B. Section 41
C. Section 42
D. Section 43
18. J&K UT has which type of house structure after
reorgnisation:
A. Unicameralism
B. Bicameralism
C. Polycameralism/Multicameralism
D. None of the Above
19. Which section deals with the abolision of Legislative
Council in J&K?
A. Section 41
B. Section 51
C. Section 57
D. Section 59
20. How many seats are allocated for J&K UT in Lok
Sabha ( House of People)?

A. 2
B. 4
C. 5
D. 6
21. According to Article 3, which type of Majority is
required in Parliament to pass a bill related to State
Reorganisation?
A. Simple Majority
B. Special Majority
C. Absolute Majority
D. Any of the above
22. Which of the following has power to appoint Advocate
General of J&K UT?
A. Prime Minister
B. President
C. LG
D. CM
23. Which Presidential Order is superceded by J&K
Reorganisation Act 2019?
A. Presidential Order of 1951
B. Presidential Order of 1952
C. Presidential Order of 1953
D. Presidential Order of 1954
24. How many UTs are there in India including two new
UTs of J&K and Ladakh?
A. 7
B. 8
C. 9
D. 10
25. Votes casted in favour of and against J&K Reorgnisation
Act 2019 in Council of States respectively ?

A. 125 & 61
B. 123 & 63
C. 120 & 66
D. 114 & 72
26. J&K Reorganisation Act 2019 contains how many
sections, parts and schedules respectively?

A. 122, 6, 2
B. 103, 14, 5
C. 106, 14, 5
D. 102, 12, 5
27. Which part of the act deals with Administration of
Ladakh UT?
A. Part 2
B. Part 4
C. Part 5
D. Part 6
28. Which Part of the act deals with Advocate General of
India?
A. Part 4
B. Part 6
C. Part 7
D. Part 9
29. Which section of J&K Reorganisation Act deals with
Anti-Defection Law?

A. Section 24
B. Section 26
C. Section 28
D. Section 32
30. According to Schedule 2 of the act, which of the
following consituency is not included in J&K UT?
A. Baramulla
B. Srinagar
C. Udhampur
D. Leh

Please visit our youtube channel

"CA Lateef's Academy"
https://www.youtube.com/channel/UC7iuDjCnEFf6pAskdZsvQ3w

By Kavin (Faculty of CA Lateef's Academy)