J&K Reorganisation Act

The constitutional and administrative restructuring of Jammu and Kashmir represents a watershed moment in the legislative history of India. For aspirants preparing for the Jammu and Kashmir Services Selection Board (JKSSB), this transition is not merely a historical event but a complex legal framework that governs the current administrative, political, and social landscape of the region. 

The process, which began with the abrogation of Article 370 on August 5, 2019, has evolved through subsequent amendments in 2021, 2023, and 2025, alongside significant judicial interpretations and administrative orders. This report provides an exhaustive examination of the Jammu and Kashmir Reorganisation Act, 2019, its amendments, the delimitation process, and the updated reservation and land laws as of early 2026.   

Constitutional Background and the Abrogation of Special Status

The legal foundation of the reorganisation lies in the revocation of the special status previously accorded to Jammu and Kashmir under Article 370 of the Indian Constitution. On August 5, 2019, the President of India issued the Constitution (Application to Jammu and Kashmir) Order, 2019 (C.O. 272), which mandated that all provisions of the Indian Constitution would henceforth apply to the state. This was achieved by amending Article 367, providing a new interpretation of the “Constituent Assembly of the State” as the “Legislative Assembly of the State”.   

As the state was under President’s Rule at the time, the powers of the Legislative Assembly were vested in the Parliament of India. This allowed the Parliament to recommend the cessation of Article 370, which was formalized by Presidential Declaration C.O. 273 on August 6, 2019. This sequence effectively removed Article 35A, which had previously empowered the state legislature to define “permanent residents” and grant them exclusive rights regarding land ownership and government employment.   

The statutory resolution for the reorganisation was introduced in the Rajya Sabha by Union Home Minister Amit Shah on August 5, 2019, where it passed with 125 votes in favor and 61 against. The Lok Sabha followed on August 6, 2019, passing the bill with 370 votes in favor and 70 against. The Act received the President’s assent on August 9, 2019, and the “appointed day” for the formation of the new Union Territories was set as October 31, 2019, coinciding with the birth anniversary of Sardar Vallabhbhai Patel.   

Structural Overview of the Jammu and Kashmir Reorganisation Act, 2019

The 2019 Act is a comprehensive document containing 103 sections, 14 parts, and 5 schedules. It bifurcated the erstwhile state into two distinct entities: the Union Territory of Jammu and Kashmir (with a legislature) and the Union Territory of Ladakh (without a legislature).   

The 14 Parts of the Act

For examination purposes, understanding the thematic distribution of the sections is vital. The Act follows a structured progression from the initial bifurcation to the complex apportionment of assets and services.

The Five Schedules

The schedules provide the specific lists and numbers required to operationalize the Act’s sections.

Executive and Legislative Framework of the Union Territory

The Union Territory of Jammu and Kashmir is administered under Article 239A of the Constitution of India, which was originally formulated for the Union Territory of Puducherry. This model provides for an elected Legislative Assembly and a Council of Ministers, but with significantly different powers than a full state.   

The Role of the Lieutenant Governor (LG)

The executive head of the Union Territory is the Lieutenant Governor, appointed by the President. Under the 2019 Act, the LG has discretionary powers that extend beyond those of a state Governor. Specifically, the subjects of “Police” and “Public Order” are reserved for the Union Government and are managed through the LG.   

The LG also possesses the power to nominate members to the Legislative Assembly. Under Section 15 of the original Act, the LG may nominate two women if they are not adequately represented. Subsequent amendments in 2023 further expanded this power to include the nomination of two Kashmiri Migrants (one of whom must be a woman) and one member representing displaced persons from Pakistan-occupied Jammu and Kashmir (PoJK).   

The Legislative Assembly and Council of Ministers

The Legislative Assembly of Jammu and Kashmir has a term of five years. The number of seats was initially set at 107 but was increased to 114 following the delimitation exercise, which includes 24 seats reserved for PoJK that remain vacant. The Council of Ministers (COM) is headed by a Chief Minister, and its size is limited to 10% of the total number of members in the Legislative Assembly.   

A major change was the abolition of the Jammu and Kashmir Legislative Council (Upper House) under Section 57, making the legislature unicameral. This was intended to streamline the legislative process and reduce administrative costs.   

Detailed Analysis of the Delimitation Process (2020–2022)

Delimitation is the act of redrawing boundaries of Lok Sabha and Assembly constituencies to reflect changes in population and ensure “One Vote, One Value”. The J&K Delimitation Commission, headed by Justice (Retd) Ranjana Prakash Desai and including the Chief Election Commissioner and State Election Commissioner, was established in March 2020.   

Final Recommendations of the Commission

The Commission submitted its final report on May 5, 2022, introducing several significant changes to the electoral landscape.   

The Commission argued that while population is the primary factor for redrawing boundaries, other factors such as topography, difficult terrain, and proximity to the international border were also considered. This resulted in Jammu gaining six new seats and Kashmir gaining one. Notably, for the first time in the history of Jammu and Kashmir, nine seats were reserved for Scheduled Tribes (STs)—six in the Jammu region and three in the Kashmir region.   

Furthermore, the five Parliamentary constituencies were reorganised so that each would comprise exactly 18 assembly segments. A contentious change was the creation of the Anantnag-Rajouri Parliamentary seat, which merges the Anantnag area of the Kashmir valley with the Rajouri and Poonch districts of the Jammu division.   

Legislative Amendments and New Statutes (2023–2025)

The legal framework of the Union Territory continues to be refined by both the Parliament and the newly elected J&K Legislative Assembly.

The 2023 Amendments: Inclusivity and Representation

The Jammu and Kashmir Reorganisation (Amendment) Act, 2023, and the Second Amendment Act, 2023, addressed representation for marginalized groups.   

• Nominations: To ensure that communities displaced by conflict have a political voice, the LG was empowered to nominate members from the Kashmiri Migrant and PoJK displaced communities.   
• Women’s Reservation: The Second Amendment Act of 2023 introduced a 33% reservation for women in the Legislative Assembly. This reservation will be operationalized after the first census following the Act’s passage and subsequent delimitation, remaining in place for an initial period of 15 years.   

The 2025 Amendment: Accountability of High Officials

The Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, introduced in the Lok Sabha in August 2025, focuses on the character and conduct of those holding high office. It addresses a scenario where a Chief Minister or Minister is arrested and detained for serious criminal offenses.   

• Section 54(5A): This new sub-section stipulates that a Minister arrested and detained for 30 consecutive days for an offense punishable by five or more years of imprisonment shall cease to be a Minister.   
• Chief Minister’s Resignation: If the Chief Minister is the one detained, they must tender their resignation by the 31st day; failing which, they will cease to hold office automatically the next day.   
• Re-appointment: The bill allows for the re-appointment of such individuals upon their release from custody, provided they are not disqualified by other laws.   

The J&K Tenancy Act, 2025

Passed by the Legislative Assembly in October 2025, the Jammu and Kashmir Tenancy Act, 2025, replaced the outdated 2012 legislation. This Act seeks to balance the rights of landlords and tenants while fostering a transparent rental market.   

• Rent Authority: It establishes a Rent Authority to regulate premises and provide a speedy dispute resolution mechanism.   
• Mandatory Agreements: All tenancy agreements must be written and submitted to the Rent Authority within two months of execution.   
• Sub-letting: It restricts sub-letting without the landlord’s consent and requires a separate supplementary agreement for such arrangements.   

Evolution of Reservation Policies and the 2026 Cabinet Proposal

Reservation remains one of the most significant and debated topics for JKSSB aspirants. Over the last five years, the reservation matrix has expanded to include new tribes and castes, which significantly reduced the share of “Open Merit” (OM) positions.   

The 2024 Expansion

In early 2024, the government granted ST status to the Pahari Ethnic Group, Padari Tribes, Koli, and Gadda Brahmin. To accommodate this without reducing the share of existing STs (Gujjars and Bakerwals), the ST quota was effectively doubled to 20%, split into ST-I and ST-II. Similarly, the OBC quota was increased to 8% with the inclusion of 15 new castes.   

The 2026 Rationalisation Proposal

By late 2025, the Open Merit quota had shrunk to approximately 30–40% in various recruitment drives. In response to widespread protests from students and aspirants, the Omar Abdullah cabinet approved a “rationalisation” proposal on December 3, 2025. This proposal aims to restore the Open Merit quota to 50% by making strategic cuts to other categories that are not part of the core SC/ST/OBC framework.   

The proposal has been sent to the Lieutenant Governor for final vetting. As of January 2026, aspirants are closely watching for the official S.O. (Statutory Order) that will notify these changes. Political parties like the PDP have criticized the move, arguing that cutting the RBA quota—which covers approximately 25% of the population living in infrastructure-deficient villages—is an assault on vulnerable communities.   

Domicile and Employment Rules

The “Permanent Resident” scheme was replaced in April 2020 with the J&K Domicile Rules. To be eligible for any government job in the Union Territory, an individual must possess a Domicile Certificate.   

• Residency Criteria: 15 years of residence in J&K or 7 years of study with appearance in Class 10/12 exams.   
• Central Employees: Children of central government officials who have served in J&K for 10 years are also eligible.   
• Pahari Ethnicity: For the Pahari Ethnic Group, the government clarified in April 2025 that area is not a criterion for ST-II status; eligibility is based on ethnicity, language, and cultural identity. This allows Pahari-speaking displaced persons settled in Jammu to claim reservation benefits.   

Judicial and Administrative Consolidation

The judicial system remained a pillar of stability during the reorganisation. Section 75 of the Act established a common High Court for both the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh.   

Transition of Laws and Institutions

A monumental task of the reorganisation was the “adaptation” of laws. Under the powers granted by Section 96, the Ministry of Home Affairs issued several Adaptation of Laws Orders.   

• Central Laws: 106 central laws, including the Indian Penal Code (replacing the Ranbir Penal Code), the Code of Criminal Procedure, and the Right to Education Act, became directly applicable.   
• State Laws: 153 state laws were repealed, and 166 were retained with modifications.   
• Property Returns: In a move toward administrative transparency, the J&K Government mandated that all employees submit their Annual Property Returns (APR) online through the Property Return System (PRS) portal by January 31, 2026. Failure to comply results in the denial of “Vigilance Clearance,” which is mandatory for promotions and postings.   

Land Rights and Domicile Changes

The new land laws notified by the Home Ministry in October 2020 removed the “permanent resident” requirement for purchasing non-agricultural land. This encourages industrial development and private investment. However, the J&K Legislative Assembly has seen intense debates over “Land Rights Protection Bills” in late 2025, with legislators seeking to restore the Land Grants Act of 1960 to protect local occupants from eviction.   

Symbolic Markers and Regional Identity

With the bifurcation, both Union Territories adopted distinct official symbols to reflect their unique natural and cultural heritage.   

Symbols of Jammu and Kashmir (UT)

The Kalij Pheasant was adopted as the UT bird in October 2021, as the previous state bird (Black-necked Crane) is only found in Ladakh. The Hangul remains the symbol of the region’s wildlife conservation efforts, though it is critically endangered and restricted mostly to Dachigam National Park.   

Symbols of Ladakh (UT)

Ladakh’s symbols, such as the Snow Leopard and the Juniper tree, hold immense cultural and religious significance for the residents of Leh and Kargil.   

Official Languages

The Jammu and Kashmir Official Languages Act, 2020, significantly expanded the linguistic scope of the administration. The five official languages are:   

1. Kashmiri
2. Dogri
3. Urdu
4. Hindi
5. English

English remains the primary language for administrative and legislative purposes.   

High-Yield Keywords and Mnemonics for JKSSB Aspirants

To master the Jammu and Kashmir Reorganisation Act, 2019, aspirants should focus on key sections and chronological timelines often featured in JKSSB papers.

Key Chronology of 2019

• August 5: Bill introduced in Rajya Sabha; C.O. 272 issued.   
• August 6: Bill passed in Lok Sabha; C.O. 273 issued.   
• August 9: Presidential Assent received.   
• October 31: The Act became effective (Appointed Day).   

Thematic Mnemonics for Parts of the Act

A useful trick to remember the 14 Parts of the Act is the following sentence: “Please Read and Respond to All DOCs of SCs and STs and Mail them to High Court Advocate so that he can Distribute the Revenue, Assets and Liabilities between them and the Corporations and fulfil his Services Legally.”    

• P – Preliminary (Part I)
• R – Reorganisation (Part II)
• R – Representation (Part III)
• A – Administration of Ladakh (Part IV)
• D – Delimitation (Part V)
• SC/ST – Scheduled Castes/Tribes (Part VI)
• M – Miscellaneous (Part VII)
• H – High Court (Part VIII)
• A – Advocate General (Part IX)
• D – Distribution of Revenue (Part X)
• A/L – Assets and Liabilities (Part XI)
• C – Corporations (Part XII)
• S – Services (Part XIII)
• L – Legal Provisions (Part XIV)

Essential Sections for MCQs

• Section 13: Applicability of Article 239A (Puducherry Model).   
• Section 14: Establishment and composition of the Legislative Assembly.   
• Section 17: Five-year duration of the Assembly.   
• Section 27: Disqualifications for membership.   
• Section 41: Annual Financial Statement (Budget).   
• Section 53: Council of Ministers.   
• Section 57: Abolition of the Legislative Council.   
• Section 67: Consolidated Fund of the UT of J&K.   
• Section 75: Common High Court.   
• Section 97: Power to construe laws.   

Implications for Governance and the Future Outlook

The transformation from a state to a Union Territory has fundamentally altered the power dynamics in the region. The transition of legislative powers to the Parliament during the period without an elected assembly allowed for rapid integration of central laws, particularly those related to anti-corruption (ACB now under the direct control of the LG) and transparency.   

The first assembly elections post-reorganisation, held in late 2024, marked a return to democratic representation, albeit within the limited powers of a Union Territory. The new government faces the challenge of managing local aspirations—such as the restoration of statehood and the protection of land rights—within a legal framework where “Police” and “Public Order” remain federal subjects.   

For aspirants, the 2026 update on reservation policy is the most critical current affair. The shift toward a 50% Open Merit quota aligns the Union Territory with national reservation trends established by the Supreme Court in the Indra Sawhney case, while the 2025 Tenancy Act reflects an effort by the local assembly to address modern urban governance.   

Conclusion: Synthesizing the Reorganisation Journey

The journey of Jammu and Kashmir from a state with special status to a Union Territory is defined by three phases: the 2019 legal shock of bifurcation, the 2020–2022 administrative consolidation through delimitation and domicile rules, and the 2023–2026 political evolution through amendments and the return of an elected legislature. The reorganisation has integrated Jammu and Kashmir into the national constitutional fold, replacing a dual-citizenship/dual-constitution model with a single, uniform framework.   

Success in JKSSB exams requires more than rote memorization; it demands an understanding of how these legislative pieces fit together. 

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Sahil Digra

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