Jammu and Kashmir Reorganisation Act

The constitutional and geopolitical reorganization of Jammu and Kashmir in August 2019 represents a pivotal moment in the legislative history of the Indian Republic. This transition, marked by the de-operationalization of Article 370 and the subsequent enactment of the Jammu and Kashmir Reorganisation Act, 2019, fundamentally altered the relationship between the erstwhile state and the Indian Union. To fully comprehend this reorganization, one must engage with the deep historical context starting from the 1947 partition, the intricate legal mechanisms of the 2019 intervention, and the evolving socio-economic landscape that has emerged in the aftermath of these changes. For aspirants of public administration and political science, this reorganization serves as a critical case study in asymmetric federalism, executive power, and constitutional integration.   

The Historical Genesis of a Unique Status

The modern history of Jammu and Kashmir is inextricably linked to the Instrument of Accession signed during the turbulent period of 1947. Maharaja Hari Singh, the ruler of the princely state, initially envisioned an independent status for his kingdom, a stance complicated by the state’s strategic location between India and Pakistan. However, the invasion of the territory by Pashtun tribesmen, supported by the Pakistani establishment in October 1947, forced a decisive shift in policy. Seeking military assistance from the Indian government, Maharaja Hari Singh signed the Instrument of Accession on October 26, 1947, thereby integrating the state into the Dominion of India.   

The Instrument of Accession and Three Subjects

The terms of the accession were unique compared to other princely states. While the Maharaja ceded control over defense, external affairs, and communications to the Indian government, he retained sovereignty over other internal matters. This limited transfer of power formed the bedrock of the special status that would later be codified in the Indian Constitution. The ongoing conflict and the subsequent involvement of the United Nations, which introduced the concept of a plebiscite, necessitated a temporary legal framework to manage the state’s integration.   

Drafting Article 370: The Ayyangar Formula

The provision that eventually became Article 370 was originally introduced as Draft Article 306A in 1949. Negotiated primarily between the Union government, represented by N. Gopalaswami Ayyangar, and the state leadership led by Sheikh Abdullah, the article was explicitly labeled as a “temporary, transitional, and special provision” in Part XXI of the Indian Constitution. It granted Jammu and Kashmir the power to draft its own constitution and exempted it from the full application of the Indian Constitution. Any extension of Indian laws beyond the three subjects specified in the Instrument of Accession required the “concurrence” of the state government.   

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The Architecture of Article 35A and Social Impacts

While Article 370 provided the broad framework for autonomy, Article 35A served as the primary mechanism for defining residency and property rights within the state. Introduced through a Presidential Order in 1954 rather than a parliamentary amendment, Article 35A authorized the state legislature to define “permanent residents”. This classification was based on historical state-subject laws dating back to 1927 and 1932.   

Discriminatory Frameworks and Civil Liberties

The application of Article 35A led to several systemic inequities that became central to the debate for its repeal. Permanent residents were granted exclusive rights to own immovable property, secure government employment, and receive state-sponsored scholarships. Non-residents, even those who had lived in the state for generations, were deprived of these fundamental entitlements.   

The gender bias inherent in the interpretation of these laws meant that a Kashmiri woman who married a non-resident would often lose her right to pass property to her children, a restriction not applied to her male counterparts. Furthermore, groups such as the West Pakistan Refugees, the Valmiki community (brought in for sanitation work), and Gorkhas were denied state subject status, rendering them unable to vote in state assembly elections or own land, despite being Indian citizens residing in the state for over seven decades. This legal isolation also meant that national laws protecting women against domestic violence, the Right to Education Act, and various affirmative action programs for Scheduled Castes and Tribes were not automatically applicable to Jammu and Kashmir.   

The Legal Mechanism of Reorganization in 2019

The process of abrogating the special status in August 2019 utilized a sophisticated constitutional “bridge” to overcome the procedural requirements of Article 370. Under Article 370(3), any move to repeal the article required the recommendation of the “Constituent Assembly of the State”. However, that assembly had dissolved in 1957, leading some legal scholars to argue that Article 370 had attained a permanent character.   

The Role of Article 367 and C.O. 272

On August 5, 2019, the President of India issued the Constitution (Application to Jammu and Kashmir) Order, 2019 (C.O. 272). This order utilized Article 367, which deals with the interpretation of the Constitution, to state that the reference to the “Constituent Assembly” in Article 370(3) should henceforth be construed as a reference to the “Legislative Assembly of the State”. At that time, the state was under President’s Rule, meaning that the powers of the state legislature were being exercised by the Indian Parliament.   

Statutory Resolution and C.O. 273

Following the issuance of C.O. 272, the Union Home Minister moved a Statutory Resolution in the Rajya Sabha recommending the abrogation of Article 370. Once this resolution was passed by both houses of Parliament, the President issued C.O. 273 on August 6, 2019, which declared that all provisions of the Indian Constitution would apply to Jammu and Kashmir, effectively nullifying the state’s separate constitution and the special status granted under Article 370. This also resulted in the automatic repeal of Article 35A.   

Anatomy of the Jammu and Kashmir Reorganisation Act, 2019

The Jammu and Kashmir Reorganisation Act, 2019 (Act No. 34 of 2019), was the legislative vehicle used to bifurcate the erstwhile state. The Act consists of 103 sections divided into 14 parts, supported by 5 schedules that detail the extent of laws and the delimitation of constituencies.   

Structural Overview of the Act (14 Parts)

Formation of the Two Union Territories

Section 3 of the Act stipulates the formation of the Union Territory of Ladakh, comprising the districts of Kargil and Leh. Crucially, Ladakh was established as a Union Territory without a legislature, to be administered directly by the President through a Lieutenant Governor. Section 4 details the formation of the Union Territory of Jammu and Kashmir, comprising the remaining territories of the existing state, provided with a Legislative Assembly.   

Legislative and Executive Framework (Sections 13-56)

The governance of the UT of Jammu and Kashmir is modeled on Article 239A of the Indian Constitution, which originally applied to Puducherry. This framework provides for a Lieutenant Governor appointed by the President and a Council of Ministers with a Chief Minister at the head. However, the legislative power of the Assembly is restricted; it cannot make laws concerning “Public Order” and “Police,” which remain the exclusive domain of the Union government. This structure emphasizes a centralized security apparatus intended to stabilize the region during the transitional phase.   

The 24-Seat Provision and PoK

Section 14(4) of the Act addresses the unique territorial situation of Jammu and Kashmir. It specifies that out of the total seats in the Legislative Assembly, 24 seats shall remain vacant and shall not be taken into account for reckoning the total membership of the Assembly. These seats correspond to the areas of Jammu and Kashmir currently under the occupation of Pakistan. This provision serves as a formal legislative assertion of India’s territorial claim over Pakistan-occupied Jammu and Kashmir (PoJK).   

Judicial Validation: The Supreme Court Verdict of 2023

The reorganization was met with immediate legal challenges, resulting in a landmark judgment by a five-judge Constitution Bench on December 11, 2023. The Court’s unanimous ruling, led by Chief Justice D.Y. Chandrachud, upheld the constitutional validity of the abrogation and the subsequent reorganization.   

Sovereignty and Constitutional Integration

The Court held that Jammu and Kashmir did not retain any internal sovereignty after the signing of the Instrument of Accession. The Bench noted that the state’s transition from an independent princely state to an integral part of India was “full and final” upon the Maharaja’s accession and the subsequent issuance of the 1949 proclamation. The separate constitution of Jammu and Kashmir was deemed redundant and subordinate to the Indian Constitution.   

The “Temporary” Nature of Article 370

A significant portion of the judgment focused on the marginal note of Article 370, which labeled it a “temporary” provision. The Court rejected the petitioners’ argument that the article had attained permanence after the state’s constituent assembly was dissolved in 1957. Instead, it ruled that the President’s power under Article 370(3) remained intact and could be exercised even after the assembly’s dissolution to facilitate complete integration.   

Directives for Restoration of Statehood

While upholding the bifurcation as a temporary measure necessitated by the prevailing security situation, the Supreme Court directed the Union government to work toward the restoration of statehood to Jammu and Kashmir as soon as possible. It also mandated the Election Commission of India to hold assembly elections by September 30, 2024. Justice Kaul, in his concurring opinion, suggested the establishment of a “Truth and Reconciliation Commission” to address human rights violations by both state and non-state actors since the 1980s.   

The Delimitation Exercise and 2023 Amendments

The structural reorganization continued with a massive delimitation exercise conducted between 2020 and 2022. Led by a commission headed by Justice (Retd.) Ranjana Prakash Desai, this process sought to redefine electoral boundaries based on the 2011 census figures, as required by Section 62 of the 2019 Act.   

Reconfiguration of Assembly Seats

The Delimitation Commission’s report led to the Jammu and Kashmir Reorganisation (Amendment) Act, 2023, which increased the total number of seats in the Legislative Assembly from 107 to 114. After excluding the 24 seats reserved for PoK, the effective strength of the Assembly rose from 83 to 90 seats.   

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Affirmative Action and Social Inclusivity

For the first time in the history of Jammu and Kashmir, seats were reserved for Scheduled Tribes in the Legislative Assembly, totaling 9 seats. The reservation for Scheduled Castes was also maintained at 7 seats. These changes were designed to ensure that historically marginalized groups, such as the Gujjars and Bakarwals, had a direct voice in the legislative process.   

New Nomination Powers for the Lieutenant Governor

The 2023 amendment introduced sections 15A and 15B, granting the Lieutenant Governor powers to nominate members to represent communities that have faced displacement and lack geographical concentration.   

1. Kashmiri Migrants: The LG can nominate up to two members from this community, at least one of whom must be a woman.   
2. Displaced Persons from PoK: The LG can nominate one member to represent those who took refuge in India following the conflicts of 1947, 1965, and 1971.   
3. Women’s Representation: To further gender equality, the Jammu and Kashmir Reorganisation (Second Amendment) Act, 2023, mandates the reservation of one-third of all elected seats for women, to be implemented post-delimitation after the next census.   

Socio-Economic Impact: A Performance Report Card

The post-2019 era has been characterized by a concerted effort to integrate Jammu and Kashmir into the national economic mainstream. The application of over 890 central laws has standardized the regulatory environment, facilitating ease of doing business and the protection of labor and child rights.   

Economic Indicators and Growth (Economic Survey 2024-25)

The Economic Survey 2024-25 highlights a resilient economy that has stabilized after the double shocks of the 2019 clampdown and the subsequent COVID-19 pandemic. The real Gross State Domestic Product (GSDP) grew at a CAGR of 4.89% from 2019 to 2025.   

Despite this growth, the fiscal landscape remains challenging. The Union Territory’s own tax revenue has increased to 9% of GSDP, but its reliance on central grants remains high, often exceeding 50% of total receipts. High revenue expenditure on salaries and pensions (over 69% of revenue expenditure) continues to limit the fiscal space for capital investment.   

Infrastructure: Tunnels, Expressways, and Rail

The Union government’s “Prime Minister’s Development Package” (PMDP) has prioritized connectivity as a catalyst for economic integration.   

• Roads: The road length achieved under the Pradhan Mantri Gram Sadak Yojana (PMGSY) reached 18,001 km by 2022. The Delhi-Amritsar-Katra Expressway is expected to reduce travel time from Delhi to Katra to just 6 hours.   
• Tunnels: The 8.45 km long Banihal-Qazigund Tunnel was completed to provide all-weather access across the Pir Panjal range. Work on the Zojila Tunnel is also in progress to ensure year-round connectivity for Ladakh.   
• Railway: The world’s highest railway bridge over the Chenab River is a marvel of modern engineering, part of the effort to link the Kashmir Valley with the rest of the Indian rail network.   

The Tourism Resurgence

Tourism, the backbone of the region’s tertiary sector (which contributes 61.7% to the GSDP), has seen a record-breaking surge. In 2024, the region hosted over 2.36 crore tourists, the highest in its history. This growth has been supported by improved security, the promotion of new tourist circuits, and the introduction of night flight operations at Srinagar airport.   

Governance Reforms and Grassroots Democracy

A primary goal of the reorganization was to dismantle the “political vacuum” that had often characterized the region. This was achieved by operationalizing the three-tier Panchayati Raj system, which had been dormant or limited for years.   

District Development Councils (DDCs)

In October 2020, the J&K Panchayati Raj Act was amended to establish District Development Councils. The subsequent elections for 280 DDC seats saw a high participation rate of 51.7%, representing a significant shift in the locus of power from regional political dynasties to local community leaders. These councils now have direct control over development funds for local infrastructure, health, and sanitation.   

The 2024 Assembly Elections and Political Transition

In fulfillment of the Supreme Court’s mandate, Jammu and Kashmir held its first Assembly elections as a Union Territory in September-October 2024. The elections were conducted in three phases across 90 constituencies.   

The Jammu and Kashmir National Conference (JKNC) emerged as the single-largest party, winning 42 seats. The Bharatiya Janata Party (BJP) won 29 seats, primarily dominating the Jammu region and securing the highest share of the popular vote (25.64%).   

Following the election, Omar Abdullah was sworn in as the first Chief Minister of the Union Territory of Jammu and Kashmir on October 16, 2024. This transition marked the end of six years of direct central rule (Governor’s and President’s Rule) that had been in place since June 2018.   

Security Strategy and Challenges

The security landscape of Jammu and Kashmir post-2019 has moved toward a model of “zero tolerance” for terrorism. The strategy has focused on neutralising terror networks, freezing the bank accounts of separatist leaders, and preventing cross-border infiltration.   

Shifting Terror Tactics

While large-scale street protests and stone-pelting incidents have virtually disappeared, the region has faced a shift in militant tactics. There has been a rise in “targeted killings” of civilians, particularly migrant laborers and members of the minority community. Security forces have responded by increasing surveillance in tourist zones and sensitive urban pockets.   

De-radicalization and Social Outreach

Programs like “Himayat” (training-cum-placement for youth) and “Mumkin” (livelihood support for entrepreneurs) are part of the broader de-radicalization strategy. By providing economic alternatives to the youth, the government aims to weaken the recruitment base for terror groups. The official narrative maintains that the region is gaining “freedom from terror,” though the continued presence of sleeper cells remains a persistent challenge.   

Future Outlook: The Question of Statehood in 2026

As of early 2026, the restoration of statehood has become the central theme of the political discourse in Jammu and Kashmir. The ruling National Conference and the opposition alike have intensified calls for the Union government to fulfill its promise of restoring full statehood.   

The Debate Over the “Dual Power Structure”

The current Union Territory status has created a “dual power structure” where the elected government has limited control over essential services and no control over the police. Chief Minister Omar Abdullah has characterized this phase as “temporary” and “challenging,” citing difficulties in bureaucratic accountability due to the split in authority between the Chief Minister’s office and the Lieutenant Governor’s secretariat.   

Indicators for Restoration

Political parties and legislators are pinning their hopes on 2026 for a formal transition back to statehood. The criteria for this transition likely include the continued stability of the security situation and the successful first term of the new Assembly. Union government leaders have reiterated their commitment to statehood, though a specific timeline remains subject to national security considerations.   

Comprehensive Summary for Aspirants

The reorganization of Jammu and Kashmir is a multi-dimensional event that touches upon the very core of the Indian constitutional identity. For an aspirant, the following takeaways are vital for a comprehensive understanding:

1. Constitutional Continuity: Article 370 was never a permanent feature but a transitional mechanism designed to manage the integration of a princely state under wartime conditions.   
2. Legal Precision: The abrogation was achieved by redefining the interpretation of “Constituent Assembly” through Article 367, a move that the Supreme Court later critiqued in method but upheld in effect.   
3. Legislative Framework: The J&K Reorganisation Act, 2019, utilized Article 239A to provide a unique “State-like” legislature while maintaining central control over key security pillars.   
4. Social Justice: The removal of Article 35A ended decades of institutionalized discrimination against women, refugees, and marginalized castes, bringing them on par with all other Indian citizens.   
5. Economic Integration: Massive infrastructure spending and a surge in tourism are intended to transform the region’s economy, although fiscal dependence on the Union remains a significant structural concern.   
6. Democratic Evolution: The transition from regional dynasties to local governance (DDCs) and the successful 2024 elections signal a new chapter in the region’s democratic history.   

The transformation of Jammu and Kashmir remains a work in progress. While the constitutional ambiguity of the past has been resolved, the socio-political integration of the people and the final restoration of statehood represent the next frontiers in the journey toward a stable and prosperous region within the Indian Union. The reorganization is not merely a change in administrative boundaries; it is a fundamental reassertion of the principle of “One Nation, One Law”.   

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Sahil Digra

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