The Jammu and Kashmir Reorganisation Act, 2019
Administered Ministry: Ministry of Home Affairs / Department of Jammu and Kashmir Affairs
Section
Section 1 Short title. 15 docs
This Act may be called the Jammu and Kashmir Reorganisation Act, 2019.
Section 2 Definitions.
In this Act, unless the context otherwise requires,---
(a) "appointed day" means the day1 which the Central Government may, by notification in the Official Gazette, appoint;
(b) "article" means an article of the Constitution;
(c) "assembly constituency" and "parliamentary constituency" have the same meanings as in the Representation of the People Act, 1950 (43 of 1950);
(d) "Election Commission" means the Election Commission appointed by the President under article 324;
(e) "existing State of Jammu and Kashmir" means the State of Jammu and Kashmir as existing immediately before the appointed day, comprising the territory which immediately before the commencement of the Constitution of India in the Indian State of Jammu and Kashmir;
(f) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or in any part of the existing State of Jammu and Kashmir;
(g) "Legislative Assembly" means Legislative Assembly of Union territory of Jammu and Kashmir;
(h) "Lieutenant Governor" means the Administrator of the Union territory appointed by the President under article 239;
(i) "notified order" means an order published in the Official Gazette;
(j) "population ratio", in relation to the Union territory of Jammu and Kashmir, and Union territory of Ladakh means the ratio as per 2011 Census;
(k) "Scheduled Castes" in relation to the Union territory means such castes, races or tribes or parts of groups within such castes, races or tribes as are deemed under article 341 to be Scheduled Castes in relation to that Union territory;
(l) "Scheduled Tribes" in relation to the Union territory means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be Scheduled Tribes in relation to that Union territory;
(m) "sitting member", in relation to either House of Parliament or of the Legislature of the existing State of Jammu and Kashmir, means a person who immediately before the appointed day, is a member of that House;
(n) "Union territory", in relation to the existing State of Jammu and Kashmir, means the Union territory of Jammu and Kashmir or Union territory of Ladakh, as the case may be;
(o) "transferred territory" means the territory which on the appointed day is transferred from the existing State of Jammu and Kashmir to Union territories formed under sections 3 and 4 of this Act; and
(p) any reference to a district, tehsil or other territorial division of the existing State of Jammu and Kashmir shall be construed as a reference to the area comprised within that territorial division on the appointed day.
(a) "appointed day" means the day1 which the Central Government may, by notification in the Official Gazette, appoint;
(b) "article" means an article of the Constitution;
(c) "assembly constituency" and "parliamentary constituency" have the same meanings as in the Representation of the People Act, 1950 (43 of 1950);
(d) "Election Commission" means the Election Commission appointed by the President under article 324;
(e) "existing State of Jammu and Kashmir" means the State of Jammu and Kashmir as existing immediately before the appointed day, comprising the territory which immediately before the commencement of the Constitution of India in the Indian State of Jammu and Kashmir;
(f) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or in any part of the existing State of Jammu and Kashmir;
(g) "Legislative Assembly" means Legislative Assembly of Union territory of Jammu and Kashmir;
(h) "Lieutenant Governor" means the Administrator of the Union territory appointed by the President under article 239;
(i) "notified order" means an order published in the Official Gazette;
(j) "population ratio", in relation to the Union territory of Jammu and Kashmir, and Union territory of Ladakh means the ratio as per 2011 Census;
(k) "Scheduled Castes" in relation to the Union territory means such castes, races or tribes or parts of groups within such castes, races or tribes as are deemed under article 341 to be Scheduled Castes in relation to that Union territory;
(l) "Scheduled Tribes" in relation to the Union territory means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be Scheduled Tribes in relation to that Union territory;
(m) "sitting member", in relation to either House of Parliament or of the Legislature of the existing State of Jammu and Kashmir, means a person who immediately before the appointed day, is a member of that House;
(n) "Union territory", in relation to the existing State of Jammu and Kashmir, means the Union territory of Jammu and Kashmir or Union territory of Ladakh, as the case may be;
(o) "transferred territory" means the territory which on the appointed day is transferred from the existing State of Jammu and Kashmir to Union territories formed under sections 3 and 4 of this Act; and
(p) any reference to a district, tehsil or other territorial division of the existing State of Jammu and Kashmir shall be construed as a reference to the area comprised within that territorial division on the appointed day.
1. 31st October, 2019 ---clause (a) of Section 2, vide notification No. S.O. 2889 (E), dated 09th August, 2019 see Gazette of India Extraordinary, Part II, s. 3 (ii).
Section 3 Formation of Union territory of Ladakh without Legislature.
On and from the appointed day, there shall be formed a new Union territory to be known as the Union territory of Ladakh comprising the following territories of the existing State of Jammu and Kashmir, namely:--
“Kargil and Leh districts”,
and thereupon the said territories shall cease to form part of the existing State of Jammu and Kashmir.
“Kargil and Leh districts”,
and thereupon the said territories shall cease to form part of the existing State of Jammu and Kashmir.
Section 4 Formation of Union territory of Jammu and Kashmir with Legislature.
On and from the appointed day, there shall be formed a new Union territory to be known as the Union territory of Jammu and Kashmir comprising the territories of the existing State of Jammu and Kashmir other than those specified in section 3.
Section 5 Governor of existing State of Jammu and Kashmir to be common Lieutenant Governor.
On and from the appointed day, the Governor of the existing State of Jammu and Kashmir shall be the Lieutenant Governor for the Union territory of Jammu and Kashmir, and Union territory of Ladakh for such period as may be determined by the President.
Section 6 Amendment of First Schedule to the Constitution.
On and from the appointed day, in the First Schedule to the Constitution, under the heading--- "I. THE STATES",---
(a) entry 15 shall be deleted.
(b) entries from 16 to 29 shall be renumbered as 15 to 28.
(c) under the heading --- "II. UNION TERRITORIES",---
after entry 7, the following entries shall be inserted, namely:---
"8. Jammu and Kashmir: The territories specified in section 4 of the Jammu and Kashmir Reorganisation Act, 2019".
"9. Ladakh: The territories specified in section 3 of the Jammu and Kashmir Reorganisation Act, 2019".
(a) entry 15 shall be deleted.
(b) entries from 16 to 29 shall be renumbered as 15 to 28.
(c) under the heading --- "II. UNION TERRITORIES",---
after entry 7, the following entries shall be inserted, namely:---
"8. Jammu and Kashmir: The territories specified in section 4 of the Jammu and Kashmir Reorganisation Act, 2019".
"9. Ladakh: The territories specified in section 3 of the Jammu and Kashmir Reorganisation Act, 2019".
Section 7 Saving powers of the Government of Union territory of Jammu and Kashmir.
Nothing in the foregoing provisions of this Part shall be deemed to affect the power of the Government of successor Union territory of Jammu and Kashmir to alter, after the appointed day, the name, area or boundaries of any district or other territorial division in that Union territory.
Section 8 Amendment of Fourth Schedule to Constitution.
On and from the appointed day, in the Fourth Schedule to the Constitution, in the Table,---
(a) entry 21 shall be deleted;
(b) entries 22 to 31 shall be renumbered as entries 21 to 30, respectively;
(c) after entry 30, the following entry shall be inserted, namely:---
"31. Jammu and Kashmir ..................................................4".
(a) entry 21 shall be deleted;
(b) entries 22 to 31 shall be renumbered as entries 21 to 30, respectively;
(c) after entry 30, the following entry shall be inserted, namely:---
"31. Jammu and Kashmir ..................................................4".
Section 9 Allocation of sitting members.
(1) On and from the appointed day, four sitting members of the Council of States representing the existing State of Jammu and Kashmir shall be deemed to have been elected to fill the seats allotted to the Union territory of Jammu and Kashmir, as specified in the First Schedule to this Act.
(2) The term of office of such sitting members shall remain unaltered.
(2) The term of office of such sitting members shall remain unaltered.
Section 10 Representation in House of the People.
On and from the appointed day, there shall be allocated five seats to the successor Union territory of Jammu and Kashmir and one seat to Union territory of Ladakh, in the House of the People, and the First Schedule to the Representation of the People Act, 1950 (43 of 1950) shall be deemed to be amended accordingly.
Section 11 Delimitation of Parliamentary Constituencies Order, 1976.
(1) On and from the appointed day, the Delimitation of Parliamentary Constituencies Order, 1976 shall stand amended as directed in the Second Schedule of this Act.
(2) The Election Commission may conduct the elections to the House of the People for the Union territory of Jammu and Kashmir and Union territory of Ladakh as per the allocation of seats specified in the Delimitation of Parliamentary Constituencies Order, 1976 as amended by this Act.
(2) The Election Commission may conduct the elections to the House of the People for the Union territory of Jammu and Kashmir and Union territory of Ladakh as per the allocation of seats specified in the Delimitation of Parliamentary Constituencies Order, 1976 as amended by this Act.
Section 12 Provision as to sitting members.
(1) Every sitting member of the House of the People representing a constituency which, on the appointed day by virtue of the provisions of section 10, stands allotted, with or without alteration of boundaries, to the successor Union territory of Jammu and Kashmir or Union territory of Ladakh, as the case may be, shall be deemed to have been elected to the House of the People by that constituency as so allotted.
(2) The term of office of such sitting members shall remain unaltered.
(2) The term of office of such sitting members shall remain unaltered.
Section 13 Applicability of article 239A of Constitution.
On and from the appointed day, the provisions contained in article 239A, 1[or any other article containing reference to elected members of the Legislative Assembly of the State] which are applicable to "Union territory of Puducherry", shall also apply to the "Union territory of Jammu and Kashmir".
1. Ins. by Act 2 of 2021, s. 2 (w.e.f. 7-1-2021)
Section 14 Legislative Assembly for the Union Territory of Jammu and Kashmir and its composition.
(1) There shall be an Administrator appointed under article 239 of the Constitution of India for the Union territory of Jammu and Kashmir and shall be designated as Lieutenant Governor of the said Union territory.
(2) There shall be a Legislative Assembly for the Union territory of Jammu and Kashmir.
(3) The total number of seats in the Legislative Assembly of the Union territory of Jammu and Kashmir to be filled by persons chosen by direct election shall be 107.
1 [Provided that subject to the provisions of sub-section (1) of section 60, on and from the date of commencement of the Jammu and Kashmir Reorganisation (Amendment) Act, 2023, the provisions of this sub-section shall have effect as if for the figures "107", the figures "114" had been substituted.]
(4) Notwithstanding anything contained in sub-section (3), until the area of the Union territory of Jammu and Kashmir under the occupation of Pakistan ceases to be so occupied and the people residing in that area elect their representatives---
(a) twenty four seats in the Legislative Assembly of Union territory of Jammu and Kashmir shall remain vacant and shall not be taken into account for reckoning the total membership of the Assembly; and
(b) the said area and seats shall be excluded in delimiting the territorial constituencies as provided under PART V of this Act.
(5) On and from the appointed day, the Delimitation of Assembly Constituencies Order, 1995, as applicable to Union territory of Jammu and Kashmir, shall stand amended as directed in the Third Schedule of this Act.
(6) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in the Legislative Assembly of the Union territory of Jammu and Kashmir.
(7) The number of seats reserved for the Scheduled Castes and the Scheduled Tribes in the Legislative Assembly of the Union territory of Jammu and Kashmir under sub-section (6) shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the Union territory of Jammu and Kashmir or of the Scheduled Tribes in the Union territory of Jammu and Kashmir, in respect of which seats are so reserved, bears to the total population of the Union territory of Jammu and Kashmir.
Explanation:--- In this sub-section, the expression population means the population as ascertained at the last preceding census of which the relevant figures have been published:
Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 2011 census.
(8) Notwithstanding anything in sub-section (6), the reservation of seats for the Scheduled Castes or Scheduled Tribes in the Legislative Assembly of the Union territory of Jammu and Kashmir shall cease to have effect on the same date on which the reservation of seats for the Scheduled Castes or the Scheduled Tribes in the House of the People shall cease to have effect under article 334 of the Constitution of India.
(9) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), under the heading :--- "I. THE STATES:"---
"(a) entry 10 shall be deleted".
"(b) entries 11 to 29 shall be renumbered as 10 to 28".
2 [ (10) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), under the sub-heading "II. UNION TERRITORIES", against serial number 3 relating to "Jammu and Kashmir", for the entries under columns 2 to 7, the following entries shall respectively be substituted, namely:---
12 34 567
"3. Jammu and Kashmir90799079". ].
(11) The provisions of articles 324 to 327 and 329 of the Constitution of India, shall apply in relation to the Union territory of Jammu and Kashmir, the Legislative Assembly and the members thereof as they apply, in relation to a State, the Legislative Assembly of a State and the members thereof respectively; and any reference in articles 326 and 329 to "appropriate Legislature" shall be deemed to be a reference to Parliament.
(2) There shall be a Legislative Assembly for the Union territory of Jammu and Kashmir.
(3) The total number of seats in the Legislative Assembly of the Union territory of Jammu and Kashmir to be filled by persons chosen by direct election shall be 107.
1 [Provided that subject to the provisions of sub-section (1) of section 60, on and from the date of commencement of the Jammu and Kashmir Reorganisation (Amendment) Act, 2023, the provisions of this sub-section shall have effect as if for the figures "107", the figures "114" had been substituted.]
(4) Notwithstanding anything contained in sub-section (3), until the area of the Union territory of Jammu and Kashmir under the occupation of Pakistan ceases to be so occupied and the people residing in that area elect their representatives---
(a) twenty four seats in the Legislative Assembly of Union territory of Jammu and Kashmir shall remain vacant and shall not be taken into account for reckoning the total membership of the Assembly; and
(b) the said area and seats shall be excluded in delimiting the territorial constituencies as provided under PART V of this Act.
(5) On and from the appointed day, the Delimitation of Assembly Constituencies Order, 1995, as applicable to Union territory of Jammu and Kashmir, shall stand amended as directed in the Third Schedule of this Act.
(6) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in the Legislative Assembly of the Union territory of Jammu and Kashmir.
(7) The number of seats reserved for the Scheduled Castes and the Scheduled Tribes in the Legislative Assembly of the Union territory of Jammu and Kashmir under sub-section (6) shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the Union territory of Jammu and Kashmir or of the Scheduled Tribes in the Union territory of Jammu and Kashmir, in respect of which seats are so reserved, bears to the total population of the Union territory of Jammu and Kashmir.
Explanation:--- In this sub-section, the expression population means the population as ascertained at the last preceding census of which the relevant figures have been published:
Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 2011 census.
(8) Notwithstanding anything in sub-section (6), the reservation of seats for the Scheduled Castes or Scheduled Tribes in the Legislative Assembly of the Union territory of Jammu and Kashmir shall cease to have effect on the same date on which the reservation of seats for the Scheduled Castes or the Scheduled Tribes in the House of the People shall cease to have effect under article 334 of the Constitution of India.
(9) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), under the heading :--- "I. THE STATES:"---
"(a) entry 10 shall be deleted".
"(b) entries 11 to 29 shall be renumbered as 10 to 28".
2 [ (10) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), under the sub-heading "II. UNION TERRITORIES", against serial number 3 relating to "Jammu and Kashmir", for the entries under columns 2 to 7, the following entries shall respectively be substituted, namely:---
12 34 567
"3. Jammu and Kashmir90799079". ].
(11) The provisions of articles 324 to 327 and 329 of the Constitution of India, shall apply in relation to the Union territory of Jammu and Kashmir, the Legislative Assembly and the members thereof as they apply, in relation to a State, the Legislative Assembly of a State and the members thereof respectively; and any reference in articles 326 and 329 to "appropriate Legislature" shall be deemed to be a reference to Parliament.
1. Ins. by Act 35 of 2023, s. 2 (w.e.f. 26-12-2023).
2. Subs. by s. 2, ibid., for sub-section (10) (w.e.f. 26-12-2023).
2. Subs. by s. 2, ibid., for sub-section (10) (w.e.f. 26-12-2023).
Section 15 Representation of women.
Notwithstanding anything in sub-section (3) of section 14 the Lieutenant Governor of the successor Union territory of Jammu and Kashmir may nominate two members to the Legislative Assembly to give representation to women, if in his opinion, women are not adequately represented in the Legislative Assembly.
Section 15A Nomination of Kashmiri Migrants.
1 [15A. Nomination of Kashmiri Migrants.—Notwithstanding anything contained in sub-section (3) of section 14, the Lieutenant Governor of the Union territory of Jammu and Kashmir may nominate not more than two members, one of whom shall be a woman, from the community of Kashmiri Migrants, to the Jammu and Kashmir Legislative Assembly.
Explanation.—For the purposes of this section, the term "Migran" shall have the same meaning as assigned to it in clause (e) of section 2 of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 (Jammu and Kashmir Act XVI of 1997).]
Explanation.—For the purposes of this section, the term "Migran" shall have the same meaning as assigned to it in clause (e) of section 2 of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 (Jammu and Kashmir Act XVI of 1997).]
1. Ins. by Act 35 of 2023, s. 3 (w.e.f. 26-12-2023)
Section 15B Nomination of displaced persons.
1[15B. Nomination of displaced persons. —Notwithstanding anything contained in sub-section (3) of section 14, the Lieutenant Governor of the Union territory of Jammu and Kashmir may nominate one member from displaced persons from Pakistan occupied Jammu and Kashmir to the Jammu and Kashmir Legislative Assembly.
Explanation.—For the purposes of this section, the term "displaced person" means any person, who, on account of the setting up of the dominions of India and Pakistan, or on account of civil disturbances or fear of such disturbances in any area of the then State of Jammu and Kashmir presently under occupation of Pakistan, during the years 1947-48, 1965 and 1971, had left or had been displaced due to such disturbances from his place of residence in such area and who has been subsequently residing outside such area and also includes successors-in-interest of any such person.]
Explanation.—For the purposes of this section, the term "displaced person" means any person, who, on account of the setting up of the dominions of India and Pakistan, or on account of civil disturbances or fear of such disturbances in any area of the then State of Jammu and Kashmir presently under occupation of Pakistan, during the years 1947-48, 1965 and 1971, had left or had been displaced due to such disturbances from his place of residence in such area and who has been subsequently residing outside such area and also includes successors-in-interest of any such person.]
1. Ins. by Act 35 of 2023, s. 3 (w.e.f. 26-12-2023).
Section 16 Qualification for membership of Legislative Assembly.
A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly unless he--
(a) is a citizen of India and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Fourth Schedule of this Act;
(b) is not less than twenty-five years of age; and
(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by the Parliament.
(a) is a citizen of India and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Fourth Schedule of this Act;
(b) is not less than twenty-five years of age; and
(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by the Parliament.
Section 17 Duration of Legislative Assembly.
The Legislative Assembly, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer, and the expiration of the said period of five years shall operate as a dissolution of the Legislative Assembly:
Provided that the said period may, while a Proclamation of Emergency issued under clause (1) of article 352 is in operation, be extended by the President by order for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.
Provided that the said period may, while a Proclamation of Emergency issued under clause (1) of article 352 is in operation, be extended by the President by order for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.
Section 18 Sessions of Legislative Assembly, prorogation and dissolution.
(1) The Lieutenant Governor shall, from time to time, summon the Legislative Assembly to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
(2) The Lieutenant Governor may, from time to time,---
(a) prorogue the House;br
(b) dissolve the Legislative Assembly.
(2) The Lieutenant Governor may, from time to time,---
(a) prorogue the House;br
(b) dissolve the Legislative Assembly.