Question

In August 2019, the ‘Special’ status granted to the state of Jammu and Kashmir under the Art.370 of the Indian Constitution was revoked. The State was bifurcated in two Union Territories:

1. Jammu and Kashmir (with a Legislative Assembly) and
2. Ladakh (without a Legislative Assembly)

What are the implications of the change?

Answer 1

The changes made in August 2019 had several important implications for Jammu and Kashmir:

1. Change in constitutional status: The special constitutional arrangement under Article 370 was brought to an end, and the Constitution of India became applicable in its entirety to Jammu and Kashmir. The separate Constitution of Jammu and Kashmir consequently became inoperative.
2. Reorganisation of the State: The former State of Jammu and Kashmir was divided into two Union Territories:
   • Jammu and Kashmir, with a Legislative Assembly.
   • Ladakh, without a Legislative Assembly.
3.  Greater role of the Union Government: As Union Territories, their administrative relationship with the Union Government changed. Jammu and Kashmir is administered through a Lieutenant Governor and has an elected legislature, while Ladakh is administered without a legislature.
4. Application of Central laws: Central laws were extended to the two Union Territories, while existing laws were adapted, amended or repealed where necessary.
5. Political representation: The Reorganisation Act provided five Lok Sabha seats for Jammu and Kashmir and one for Ladakh under the arrangements made at that time.

Thus, the 2019 changes altered the constitutional, political and administrative position of Jammu and Kashmir and reorganised the former State into two Union Territories.