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Jammu and Kashmir Reorganisation Act, 2019

October 15, 2023

The Jammu and Kashmir Reorganisation Act, 2019 is an act of the parliament of India containing provisions to reconstitute the Indian-administered state of Jammu and Kashmir into two Indian-administered union territories (UTs) called Jammu and Kashmir, and Ladakh, and becoming effective on 31 October 2019. A bill for the act was introduced by the Minister of Home Affairs, Amit Shah, in the Rajya Sabha on 5 August 2019 and was passed on the same day. It was then passed by the Lok Sabha on 6 August 2019 and it received the president's assent on 9 August 2019.

Jammu and Kashmir Reorganisation Act, 2019
Parliament of India
  • An Act to provide for the reorganisation of the existing State of Jammu and Kashmir and for matters connected therewith or incidental thereto.
CitationAct No. 34 of 2019
Territorial extent
  • State of Jammu and Kashmir
Enacted byRajya Sabha
Enacted5 August 2019
Enacted byLok Sabha
Enacted6 August 2019
Assented to9 August 2019
Signed byPresident Ram Nath Kovind
Signed9 August 2019
Effective31 October 2019
Legislative history
First chamber: Rajya Sabha
Bill citation
Introduced byMinister of Home Affairs
Amit Shah
Introduced5 August 2019
Passed5 August 2019
Voting summary
  • (Voice Vote) 125 voted for
  • (Voice Vote) 61 voted against
  • 01 abstained
Second chamber: Lok Sabha
Received from the Rajya Sabha5 August 2019
Passed6 August 2019
Voting summary
  • 370 voted for
  • 70 voted against
  • None abstained
Related legislation
A number of orders for the adaptation of state laws and central laws to both union territories.[1]
Jammu and Kashmir Reorganisation (Amendment) Bill, 2021
Supereme Court cases
Constitution bench of 5 judges to decide on legality of the act and the resulting orders after the abrogation of article 370
Summary
Bifurcates the State of Jammu and Kashmir into Union Territory of Jammu and Kashmir and the Union Territory of Ladakh and provides with legislative and executive powers related to state matters for Parliament to administer the UTs.
Status: In force

The act consists of 103 clauses, extends 106 central laws to the UTs, repeals 153 state laws, and abolishes the Jammu and Kashmir Legislative Council among other things. The introduction of the bill was preceded by a presidential order which indirectly amended Article 370 of the Indian constitution and revoked Jammu and Kashmir's special status. The act has also given powers to the central government to pass a number of executive orders in relation to both the union territories. These orders have resulted in the modification or repeal of over 400 state and central laws with respect to the union territories. The act has been challenged in court through a number of petitions.

The combination of the presidential orders and enactment of the Reorganisation Act was followed by a security lockdown and communications blackout.

Background Edit

 
Map of the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh as released by Indian Government.

Article 370 of the Indian constitution gave Jammu and Kashmir special status. In contrast to other states of India, Jammu and Kashmir had its own constitution and a substantially higher degree of administrative autonomy.[2] In particular, Indian citizens from other states could not purchase land or property in Jammu and Kashmir.[3]

Jammu and Kashmir had three distinct areas: overwhelmingly Muslim-majority Kashmir Valley (95% Muslim) with a population of nearly 7 million people, a Hindu-majority (66%) Jammu with a population of 5.35 million people and a 30% Muslim population, and Ladakh, which has sparse population of 287,000 people, a Muslim plurality, or relative majority, at 46%, and a Buddhist minority at 40% (with Hindus making up 12%).[4] Violence and unrest persisted in the Indian-administered Muslim majority areas and, following a disputed state election in 1987, an insurgency persisted in protest over autonomy and rights.[5][6] The Bharatiya Janata Party (BJP) came to power in the 2014 Indian general election and had included in their 2019 election manifesto the revocation of Article 370 of the Constitution of India.[7]

Prior to the introduction of the bill and the revocation of the state's special status, the central government put the Kashmir Valley on lock-down, with a surge in security forces, imposition of Section 144 preventing assembly, and the placement of political leaders such as former Jammu and Kashmir chief ministers Omar Abdullah and Mehbooba Mufti under house arrest.[8][9] The State had been first under governor's rule and then under president's rule since 20 June 2018,[10] after the coalition government headed by Mehbooba Mufti lost support from the Bharatiya Janata Party. Additional 35,000 paramilitary troops were deployed to Jammu and Kashmir,[11] prior to which a warning was issued to annual Hindu pilgrims and tourists citing a terror threat. The imposition of restrictions included the blocking of internet and phone services.[12][13] The preemptive moves preceded the revocation of the state's special status and the passage of the Reorganisation Act.[14]

Statutory provisions Edit

 
Blue area represents the former Indian-administered state of Jammu and Kashmir and green represents Pakistan-administered regions of Kashmir
 
The two new Indian-administered union territories of Jammu and Kashmir and Ladakh have been created

The Jammu and Kashmir Reorganisation Act divides the Indian-administered state into two Indian-administered union territories, Jammu and Kashmir, and Ladakh. Whereas the former, Jammu and Kashmir, will have a legislative assembly, the latter, Ladakh, will be administered by a lieutenant governor alone. The union territory of Ladakh will include the districts of Leh and Kargil, while all other districts will be accorded to Jammu and Kashmir.[15] Of six Lok Sabha seats allocated to the former state, one will be allocated to Ladakh and five to the Jammu and Kashmir union territory. The High Court of Jammu and Kashmir will function as the High Court for both the union territories.[15]

The act provides that the administration of the Jammu and Kashmir will be as per Article 239A of the Indian constitution. Article 239A, originally formulated for the union territory of Puducherry, will also be applicable to Jammu and Kashmir.[15] A lieutenant governor appointed by the president will administer the union territory of Jammu and Kashmir, which will have a legislative assembly of 107 to 114 members. The legislative assembly may make laws for any of the matters in the state list except "public order" and "police", which will remain as the law-making powers of the union government.[15] A council of ministers including a chief minister will be appointed by the lieutenant governor from the members of the legislative assembly, with the role to advise the lieutenant governor in the exercise of functions in matters under the legislative assembly's jurisdiction. In other matters, the lieutenant governor is empowered to act in his own capacity, who will also have the power to promulgate ordinances having the same force as acts enacted by the legislature.[15] The act abolishes the Legislative Council of the state of Jammu and Kashmir.[16] It comprises 103 clauses which extend 106 central laws and 7 amended state laws, in part or as a whole, to the two union territories.[16] The act also repeals 153 state laws and Governor's Acts.[16]

Enactment Edit

The passage of the Reorganisation Act, 2019 was part of a combination of moves by the government of India, including a presidential order C.O. 272 dated 5 August 2019 and a presidential declaration C.O. 273 dated 6 August 2019,[19] aided by a parliamentary majority.[27] These two orders together revoked the special status heretofore enjoyed by the state of Jammu and Kashmir.

C.O. 272, C.O. 273, statutory resolutions Edit

Presidential order C.O. 272 and presidential declaration C.O. 273 resulted in the indirect and complete change of Article 370, the foundation on which the state had a special status.[19] The 'indirect' amendment refers changes to Article 367 via C.O. 272 dated 5 August 2019; it caused all references to the Constituent Assembly of Jammu and Kashmir in Article 370(3) to be interpreted as the Legislative Assembly of Jammu and Kashmir.[19]

As the state was under President's Rule at the time, the powers of the Legislative Assembly were entrusted to the Parliament of India.[28] With this done, on the same day after C.O. 272 was issued, the Upper House of the Indian parliament passed a statutory resolution under Article 370(3) endorsing the same.[19][29] The statutory resolution recommended that most of Article 370 cease to be operative, except the one which says that all provisions and amendments of the Constitution of India would be applicable to the state of Jammu and Kashmir. The next day, C.O. 273 put into effect Rajya Sabha's recommendation.[19][28] C.O. 272 also supersedes the 1954 presidential order and has led to the abrogation of the Constitution of Jammu and Kashmir and Article 35A of the Constitution of India.[19][30][23]

Voting in Parliament Edit

The bill was introduced by Amit Shah, the Minister of Home Affairs, in the Rajya Sabha on 5 August 2019. Opposition was seen, two members of the Jammu and Kashmir People's Democratic Party (PDP) tore up copies of the Indian constitution in protest, following which they were suspended from the House;[31][32] 13 members of the All India Trinamool Congress walked out of the House; and 6 members of Janata Dal (United) (allied to the ruling BJP) boycotted the voting.[33] Opposition was also seen from Dravidian Progressive Federation, Nationalist Congress Party, Communist Party of India and Communist Party of India (Marxist).[34][35] However, the bill acquired the support of Bahujan Samaj Party, YSR Congress Party, Telugu Desam Party and the Aam Aadmi Party. Along with the 107 members of the ruling National Democratic Alliance, the number of supporting parliamentarians totaled to 117.[33] The bill also acquired the support of some independent and nominated members.[34] It was passed by the Rajya Sabha with 125 members in favour and 61 members against.[32][33]

The bill was introduced in the lower house of Indian parliament, Lok Sabha on 6 August 2019. The All India Trinamool Congress and Janata Dal (United) walked out from the house, while Indian National Congress, Nationalist Congress Party and Samajwadi Party opposed the bill; Bharatiya Janata Party, Shiv Sena, Biju Janata Dal, Telangana Rashtra Samithi, Shiromani Akali Dal, Lok Janshakti Party, Bahujan Samaj Party and others supported it.[36] The bill was passed by the house with 370 votes in favour and 70 votes against.[24][37]

Question before the Houses: The Question is that the Jammu & Kashmir Reorganisation Bill, 2019 be passed. The motion is put to vote.
  • Rajya Sabha
  • Voice Vote Count of members present
  • 05 August 2019[38]
  • Lok Sabha
  • Electronic/Slip Vote Count of members present
  • 06 August 2019[37][39]
Ayes
125 / 209
 Ayes
370 / 440
Noes
061 / 209
 Noes
070 / 440
Abstentions
023 / 209
 Abstentions
000 / 440
Result: The Ayes have it, the Ayes have it, the Ayes have it. The motion is adopted and the bill is passed.[40]

Assent and publication Edit

The bill received the assent of the president on 9 August 2019,[41] subsequent to which it was published in The Gazette of India on the same date.[42][43] A notification published on the same day provided for the union territories to come into effect from 31 October 2019.[44][45]

 
Wikisource has original text related to this article:
Jammu and Kashmir Reorganisation Act, 2019

The two union territories came into existence on 31 October 2019, which is celebrated as National Unity Day (marking the birth anniversary of Sardar Vallabhai Patel, who had a major role in the political integration of India[46]).[47] The president of India appointed a lieutenant governor for the Union Territory of Jammu and Kashmir and a lieutenant governor for the Union Territory of Ladakh.[48] Both the lieutenant governors were sworn in by Justice Gita Mittal, the chief justice of Jammu and Kashmir (and Ladakh) High Court, on 31 October 2019, first at Leh and then at Srinagar.[49] President's rule was revoked following bifurcation and newly applied to the union territories through the lieutenant governors.[50][51]

Legal challenges Edit

The president's order under Article 370 made on August 5, 2019, the Jammu and Kashmir Reorganisation Bill and the two resolutions passed this week by parliament were conceived in malice and executed in deceit. [...] Have you ever heard of a state robbing its regions of autonomy because they have suffered terrorist attacks? [...] In the entire exercise, vile passions have triumphed over elementary concern with the law. The presidential order is patently unconstitutional. [...] the entire order is afflicted with defects... So, in consequence, is the entire Reorganisation Act which is based on it.

A. G. Noorani, (13 August 2019, in The Wire)[52]

From 9 August 2019 onwards, a number of petitions were filed that challenged the validity of the act.[53] This includes petitions by members of parliament, former bureaucrats and military officers, advocates, lawyers, activists and non-governmental organisations.[54][55] Members of parliament Mohammad Akbar Lone and Hasnain Masoodi of Jammu and Kashmir National Conference filed a petition in the Supreme Court on 10 August 2019 challenging the presidential orders and the Reorganisation Act 2019 together.[56] With regard to the Reorganisation Act 2019 the petition challenges the downgrading of representation, the degradation and unilateral changes to constitutionalized federalism through the change from statehood to a union territory, and the right to autonomy as per the constitution.[56] Further, the Reorganisation Act 2019 is challenged to be invalid as the presidential orders are also questionable.[56][57] There are multiple reasons given for the invalidity of the presidential orders, including unconstitutionally using an article to amend itself in a way other than what was written in the constitution, making changes unilaterally, going against articles in the Constitution of Jammu and Kashmir, constitutional morality and arbitrariness.[56] Jammu and Kashmir People's Conference has also challenged the presidential orders in court, deeming them invalid as per articles 14, 19 and 21 of the Indian Constitution, and that the will of the people of Jammu and Kashmir has not appropriately been taken into account.[58] Further, as the changes were made during Governor's Rule, a temporary representative of the Union government itself, making permanent changes was unconstitutional.[58]

On 5 August 2019, the Home Minister had stated that the reorganisation could be lifted and statehood restored.[59] In October 2019, a spokesperson for the United Nations High Commissioner for Human Rights, Rupert Colville, stated that "The Supreme Court of India has been slow to deal with petitions concerning habeas corpus, freedom of movement and media restrictions".[60][61] The Supreme Court stated that it would hear related pleas after its summer vacation in 2022.[62]

Reactions and aftermath Edit

See also: Revocation of the special status of Jammu and Kashmir § International reactions, and Demonstrations
Further information: 2019–2021 Jammu and Kashmir lockdown

On 4 August 2019, People's Alliance for Gupkar Declaration, an alliance of several political parties in Jammu and Kashmir, unanimously passed a resolution— "That all the parties would be united in their resolve to protect and defend the identity, autonomy and special status of J&K against all attacks and onslaughts whatsoever. That modification, abrogation of Articles 35A, 370, unconstitutional delimitation or trifurcation of the State would be an aggression against the people of Jammu, Kashmir and Ladakh".[63] On 5 and 6 August 2019, cross-party support for the creation of the union territory of Ladakh was seen in Leh, however Kargil leaders voiced opposition to its creation.[64]

Gupkar Alliance passed another declaration to the same effect as the one in 2019 on 22 August 2020.[65][66] Farooq Abdullah was released from preventive detention on 13 March 2020, Omar Abdullah on 24 March 2020 and Mehbooba Mufti on 13 October 2020.[67][68] In Ladakh, by October 2020, a certain amount of apprehension over its status as a union territory had developed due to subsequent legislation and fears of losing jobs and land.[69][70] The Leh unit of the BJP passed a resolution in the Ladakh Autonomous Hill Development Council to the same effect.[69] Those in Kargil also continued with their disapproval of being included into the union territory of Ladakh.[71] On 3 August 2020, P Chidambaram wrote "All major fundamental rights are effectively suspended" and that there was a "new" Kashmir issue, as opposed to the 1947 one before.[72] Solidarity events between "Kashmiri and Palestinian networks" were also seen.[73]

Movement and communication restrictions Edit

India's communication blackout in Kashmir is having a devastating impact on the lives and welfare of everyday Kashmiris. It’s time for India to lift these restrictions and afford Kashmiris the same rights and privileges as any other Indian citizen.
[Linked NYT article "In Kashmir, a Race Against Death, With No Way to Call a Doctor"]

7 October 2019[74]

A security lockdown and communications blackout was extended throughout the new union territories in a pre-emptive manner.[75][76] Restrictions in Kashmir continued for a longer duration than those in Jammu.[75] Some parts of Jammu saw restrictions being lifted a few days later.[75][76] Government of India data showed that thousands of arrests were made.[77] Politicians, including three former Chief Ministers of Jammu and Kashmir, were put under preventive detention.[77] The press in the region was heavily impacted.[78] According to Access Now, the communications blackout was the longest any democracy has ever seen.[79][80]

Civil society Edit

Disappointment came about in Kashmir in the days post 5–6 August 2019.[81][82][80] A fact finding team including Jean Drèze and Kavita Krishnan reported that "People expressed their anger freely in informal conversation, but no-one was willing to speak on camera", children were heard calling Modi 'Iblees' (meaning 'Satan'), and a man in Sopore said that the situation was "silence at gunpoint", and the peace was the "peace of a graveyard", while someone else said "It's Army rule not Modi rule".[82] The newspaper Greater Kashmir had two pages devoted to the cancellation of weddings. With regard to pellet injuries, the fact finding team met two people with pellet injuries at SMHS Hospital.[82] According to rights' groups, 412 habeas corpus petitions challenging detentions under the Jammu and Kashmir Public Safety Act, 1978 were filed after 5 August 2019.[83]

National and international media Edit

India is wedged between two nuclear-armed allies that routinely defy fundamental international rules and norms. Until China and Pakistan stop trying to undermine its territorial sovereignty in Jammu and Kashmir, India will have little choice but to take steps to protect itself.

Brahma Chellaney, (2 September 2019, in Project Syndicate;[84] Chellaney told ThePrint that this piece was picked up by "over 100 newspapers abroad"[85])

International media frequently referred to the situation as a nuclear flashpoint.[86]

In a statement BBC said that they "... strongly refute any claims that we have misrepresented events in Kashmir."[86] Sevanti Ninan explains to ThePrint "For the foreign press, Kashmir is both a conflict zone, and disputed territory, and it covers it as such. After Kashmir's change of status, they think it is their job to capture protests, not to pander to the Indian government's sensitivities."[86] Brahma Chellaney explains that this internationalisation was normal and that the real failure was the minimal number of Indians who wrote on international issues.[85]

International community Edit

The Jammu and Kashmir Reorganisation Act, 2019, has been subject to significant controversy and debates in the international community, with some countries questioning its legality and respect for democracy. On August 8, 2019, UN Secretary-General António Guterres stated his concern and called for "maximum restraint". He noted that "the position of the United Nations on this region is governed by the Charter of the United Nations and applicable Security Council resolutions."[87]

China and Pakistan are the countries that have condemned India's decision most insistently.[88] On August 13, 2019, Pakistan requested, and Permanent Member China supported, a consideration of this issue by the UN Security Council in 2019; many other countries reinforced these moves.[88] Ambassador Zhang noted that Council members had "expressed their serious concern" and he expressed the general belief that the Kashmir controversy should be "resolved properly through peaceful means, in accordance with the UN Charter, the relevant Security Council resolutions and bilateral agreements."[89]

The Jammu and Kashmir Reorganization Act, 2019, impacted India's regional security due to the deterioration of the bilateral relations with Pakistan since it increased the fresh military skirmishes along the Line of Control between these two nations.[88] Pakistan has continuously criticized the Government of India's decision to remove Article 370 on grounds of its being unconstitutional and unacceptable, as it directly impacted people's fundamental rights.[90] Pakistan's Ambassador, Maleeha Lodhi, said outside the UNSC chamber in August, 2019, that "the voice of the Kashmiri people resonated in the chambers of the world's highest diplomatic forum today. The whole world is discussing the occupied state. This is an international dispute."[91]

On August 16, 2019 India's Ambassador, Syed Akbaruddin, said that "our national position was, and remains, that matters related to Article 370 of the Indian Constitution, are entirely an internal matter of India. The recent decisions taken by the Government of India and our legislative bodies are intended to ensure that good governance is promoted, socio-economic development is enhanced for our people in Jammu and Kashmir and Ladakh. India remains committed to ensure that the situation there remains calm and peaceful. We are committed to all the agreements that we have signed on this issue."[92] He added "that all issues between India and Pakistan, as well as India and any other country, will be resolved bilaterally, peacefully, and in a manner that behooves normal inter-state relations between countries."[93]

China and border skirmishes Edit

On 6 August 2019, Chinese foreign affairs spokeswoman Hua Chunying opposed the integration of the "Chinese territory in the western sector of the China-India boundary" into India's administrative jurisdiction.[94] In early October 2019, Chinese President Xi Jinping released a statement saying that the situation in Kashmir was being observed and that Pakistan had the support of China.[95][96] On 31 October 2019, the Chinese Foreign ministry said that India's decision to unilaterally change its domestic laws and administrative divisions is void, illegal and will not affect "the fact that the area (Aksai Chin) is under Chinese actual control".[97] In June 2020, Wang Shida of China Institutes of Contemporary International Relations linked the 2020–2021 China–India skirmishes to India's decision to change the status of Jammu, Kashmir and Ladakh.[98] Indian diplomat Gautam Bambawale and Pravin Sawhney also held the same reasoning.[99][100] A spokesman of the Embassy of the People's Republic of China in the Islamic Republic of Pakistan also linked the two in a tweet.[101]

Restoration of statehood, delimitation and elections Edit

Further information: Restoration of the statehood of Jammu and Kashmir and Ladakh

The first elections in the union territory of Jammu and Kashmir took place in the last two months of 2020 in the form of by-elections to District Development Councils and municipal and panchayat level bodies.[102][103] Even though 220 candidates were fielded by the Gupkar Alliance,[104] some of those elected were dissatisfied post elections, accusing the government of creating a powerless body.[105]

A fresh delimitation process for assembly constituencies began in February–March 2020.[106][107] The Reorganisation Act has complicated the delimitation, with suspicion being created over whether the new seats would go to Kashmir or Jammu.[108] At an all-party meet of Jammu and Kashmir leaders in New Delhi on 24 June 2021, statehood, delimitation and elections were discussed.[109] During the meeting, restoration of statehood was raised; this was acknowledged by both the Prime Minister and the Home Minister.[110]

Killings and militant recruitment Edit

Between August 2019 and August 2021, 23 BJP leaders and workers (12 in Kashmir and 11 in Jammu) were killed.[111] In the first six months of 2021, 89 militants died in roughly 47 gunfights in Kashmir.[112] During October 2021, 13 civilians were killed; the highest death toll in a single month in the past two years, leading to the exodus of hundreds of migrant labourers and their families.[113] Militant recruitment still occurs.[112] Cross-border cease-fire violations along the Line of Control still occur resulting in deaths of civilians and security forces.[114] While India's Multi-Agency Centre estimated that 55 terrorists crossed the LoC post 5 August in 2019,[115] the military put the number much lower, adding that many infiltration attempts had been thwarted.[116] In 2020, 60 security men were killed in the region.[117]

Fundamental rights, human rights and civil rights Edit

Members of 'The Forum for Human Rights in Jammu and Kashmir' came out with three reports post August 2019.[118] The informal group, concerned about the situation of human rights in the state, included Justice Madan Lokur, Justice Hasnain Masoodi, Justice Ruma Pal, Justice Bilal Nazki, Justice Ajit Prakash Shah, Radha Kumar, Nirupama Rao, Shantha Sinha, Ramachandra Guha, Moosa Raza, Air Vice-Marshal (retd) Kapil Kak, Lieutenant-General (retd) H S Panag, Major-General (retd) Ashok K. Mehta and others.[119] The first report, while condemning the situation of human rights in the state and that security concerns were being placed first, recommended— (sic) "release all remaining political detainees", "repeal the PSA and any other preventive detention legislation", "remove all restrictions on freedom of representation and expression", "release all detained juveniles and withdraw charges against them", "allow smooth passage for medical personnel and patients", "reinstate all the former state's statutory oversight bodies, especially those monitoring human rights, such as the Jammu and Kashmir Human Rights Commission", "encourage all shades of opinion to be freely and peacefully expressed, as the laws apply in every part of the Indian Union".[119] The second report covered the period August 2020– January 2021 and stated that "most of the violations described in the forum's first report... remain even 18 months after the imposition of a lockdown on Jammu and Kashmir".[120][121] The third report was published in August 2021, marking the completion of two years of changes in the state.[122][123] The findings of the third report include:[124]

The security situation has not improved; on the contrary, it has worsened. [...] Counter-insurgency concerns continue to be given priority... leading to an across-the-board vitiation of human and civil right protections. [...] the Jammu and Kashmir administration continues to oppose bail and stifle dissent on increasingly bizarre grounds [...] recruitment of cyber volunteers, to monitor... for 'anti-national' content. [...] Rates of domestic abuse, too, have increased drastically. Incidents of dowry – and/or wife burning, rarely heard before, have surfaced [...] Journalists have been harassed, assaulted and charged under UAPA.

However, considering the regions history including ethnic cleansing, many today still place public security, safety and order as paramount.[125] In October 2019, India invited a group of largely right-wing MEP's, in their personal capacity, to the Kashmir Valley to see the on-ground situation.[126][127] A third foreign delegation visited the region in February 2021; the envoys represented various countries including Brazil, Malaysia, Bolivia, Ghana and Kyrgyzstan.[128]

Michelle Bachelet, the United Nations High Commissioner for Human Rights, put out a comment in September 2021, expressing concerns about the human rights situation in the state including the communication blackouts and stated,

..Ongoing use of the Unlawful Activities (Prevention) Act throughout India is worrying, with Jammu & Kashmir having among the highest number of cases in the country. While I acknowledge the Government's efforts to counter terrorism and promote development in the region, such restrictive measures can result in human rights violations and foster further tensions and discontent.[129]

The Supreme Court of India also stated "freedom of internet access is a fundamental right" and that internet restrictions could not continue indefinitely.[79]

Subsequent legislation Edit

Orders Edit

Following the implementation of the Jammu and Kashmir Reorganisation Act, 2019, and through the powers given by the act, the central government of India further approved eight orders which provide for the adaption of state and central laws to the union territories.[1] Five orders deal with the union territory of Jammu and Kashmir and three with the union territory of Ladakh.[1] Through these executive orders the central government has made changes to, or repealed, over 400 laws in relation to the union territories by November 2020.[130]

List of Jammu and Kashmir Reorganisation Orders
Jammu and Kashmir Reorganisation Orders
Date Legislation Notes
18.03.2020 J&K Reorganization (Adaptation of Central Laws) Order, 2020 A number of central acts extended to the UT including Code of Civil Procedure 1908 and Code of Criminal Procedure 1973 [131][132]
31.03.2020 J&K Reorganization (Adaptation of State Laws) Order, 2020 Repeals a number of state acts. Amends a number of state acts [131][133]
20.05.2020 J&K Reorganization (Adaptation of State Laws) Second Order, 2020 Amends J&K Civil Services (Decentralization and Recruitment) Act, 2010 [131]
05.10.2020 J&K Reorganization (Adaptation of Central Laws) Second Order, 2020 Extends a number of central laws with amendments [131]
05.10.2020 J&K Reorganization (Adaptation of State Laws) Third Order, 2020 Amends state acts to provide for the restructuring of different municipal bodies of the UT [131]
16.10.2020 J&K Reorganization (Adaptation of State Laws) Fourth Order, 2020 Amends the J&K Panchayati Raj Act, 1989 [131]
26.10.2020 J&K Reorganization (Adaptation of State Laws) Fifth Order, 2020 Extends a number of central laws with amendments [131]
26.10.2020 J&K Reorganization (Adaptation of Central Laws) Third Order, 2020 Amends a number of state acts. Repeals a number of state acts [131]

Changes to domicile legislation Edit

The Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020 dated 31 March 2020 resulted in the complete repeal of 25 prior state laws.[134] The remaining 113 state laws were adopted with changes.[134][135] This move by the central government came under specific criticism for the changes to the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010 which resulted in a modification to the states' domicile laws. Previously, Article 370 reserved land and jobs only for 'permanent residents', the definition of which was altered to include domiciles through the approval of the new order.[136][137] Under the new laws domiciles would be given jobs in the state. Among the various criteria under the modified law anybody who has "resided for a period of fifteen years in the Union territory of Jammu and Kashmir" or migrants registered by the Relief and Rehabilitation Commissioner of the union territory would be eligible for a domicile.[138] A number of political parties including Jammu and Kashmir Apni Party and the Jammu unit of BJP opposed the order and showed discontentment, stating that there were no safeguards to protect the rights and privileges of the people of Jammu and Kashmir.[139] On 3 April 2020, a fresh order was issued by the central government that made six changes to the previous order. Among the changes were providing protection to domiciles in any government post as compared to only selected posts before.[140] A new order, the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Second Order, 2020 was passed on 20 May 2020.[141][142] This order modified applicability of domicile orders to "all level of jobs" in the union territory.[143]

Jammu division saw 33,157 people applying for the domicile document between 18 May 2020 and 26 June 2020. Among them 25,000 domicile certificates were issued. Out of those applying, about 32,000 application were from Jammu, while Kashmir saw only 720 applications.[144][145] Refugees from Pakistan and Valmikis are among those who have been issued the residency certificates; they came in the 1950s when sanitation workers in Jammu went on strike.[144][146]

These changes in domicile rules have been compared academically to "post-colonial colonialism" and reinforcing settler colonialism in the region,[147][148] and Patrick Wolfe's models of colonialism.[147][149] Kashmiri author and academician Ather Zia holds the same views, "settler-colonial techniques in Kashmir predate the foreboding of the siege of August 2019".[73] On the other hand, the change in residency rules have been seen to correct past injustices.[150] For the first time, women from Jammu and Kashmir who married outside the state, can get domiciles.[151] The spouse of natives can also apply for domicile.[152]

Changes to land legislation Edit

On 26 October 2020, the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020 came into force. ANI reported that under the orders "12 state laws have been repealed and 26 others have been adapted with changes or substitutes".[153][154] Among the changes were modifications to the land laws which now allowed those from other states to buy land in the UT.[155] By August 2021, two people from outside of the union territory had bought property.[155]

Amendments Edit

G Kishan Reddy, the Minister of State for Home Affairs, introduced the Jammu and Kashmir Reorganisation (Amendment) Bill, 2021 to replace the existing ordinance for the same.[156] The ordinance merged the Jammu and Kashmir cadre of civil services officers with the Arunachal Pradesh, Goa, Mizoram Union Territory (AGMUT) cadre.[156] By 13 February 2021, both houses of the Parliament had passed the bill.[157]

References and notes Edit

Notes
References
  1. ^ a b c Maqbool, Umer (2 November 2020). "How the Centre Effected Changes in J&K Laws Through Executive Orders". The Wire. Retrieved 23 August 2021.
  2. ^ Venkataramanan, K. (5 August 2019). "Explained | How the status of Jammu and Kashmir is being changed". The Hindu. ISSN 0971-751X. Retrieved 16 October 2021.
  3. ^ "Article 370 and 35(A) revoked: How it would change the face of Kashmir". The Economic Times. 5 August 2019. Retrieved 16 August 2021.
  4. ^ Sandhu, Kamaljit Kaur (4 June 2019). "Government planning to redraw Jammu and Kashmir assembly constituency borders: Sources". India Today. Retrieved 16 August 2021.
  5. ^ "India-Pakistan: Troubled relations. Kashmir insurgency". BBC News. from the original on 22 February 2017. Retrieved 21 February 2017.
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Further reading Edit

  • Verma, Maansi (1 November 2019), The Case of the Jammu and Kashmir Reorganisation Bill, vol. 54, Economic and Political Weekly
  • "MHA corrects 64 errors in adaptation of state laws orders in JK". ETV Bharat. 4 July 2021.
  • Seth, Shivangi (22 January 2020), Kashmiri Pandits and J&K Reorganisation, Institute of Peace and Conflict Studies
  • Deva, Zaid (3 May 2020). "Basic without structure?: the Presidential Order of 1954 and the Indo-Jammu & Kashmir constitutional relationship". Indian Law Review. Taylor and Francis Online. 4 (2): 163–198. doi:10.1080/24730580.2020.1791520. ISSN 2473-0580. S2CID 221521110.
  • —Amin, Muhammad Mutahhar (26 January 2021). "Response to Zaid Deva's Article – Basic without Structure?: the Presidential Order of 1954 and the Indo-Jammu & Kashmir Constitutional Relationship". Law and Other Things. Retrieved 16 October 2021.
  • "Modi Addresses Nation: 'Jammu and Kashmir Will Now See Economic Development and Integration'". The Wire. 8 August 2019. Retrieved 18 October 2021.
  • Iyer, P Vaidyanathan (15 December 2020). "Manoj Sinha Interview: 'Where is the contradiction between DDC and Assembly elections?'". The Indian Express. Retrieved 18 October 2021.

External links Edit

  • Full text of the Jammu and Kashmir Reorganisation Act 2019 via Gazette of India.
  • Alphabetical Index of Central Acts extended by J&K Reorganisation Act 2019 via Jammu and Kashmir High Court.
  • Orders Issued Under the Constitution of India (Part 1) via Legislative Department, Ministry of Law and Justice, Government of India.
  • via Gazette of India.

October 15, 2023
jammu, kashmir, reorganisation, 2019, parliament, india, containing, provisions, reconstitute, indian, administered, state, jammu, kashmir, into, indian, administered, union, territories, called, jammu, kashmir, ladakh, becoming, effective, october, 2019, bill. The Jammu and Kashmir Reorganisation Act 2019 is an act of the parliament of India containing provisions to reconstitute the Indian administered state of Jammu and Kashmir into two Indian administered union territories UTs called Jammu and Kashmir and Ladakh and becoming effective on 31 October 2019 A bill for the act was introduced by the Minister of Home Affairs Amit Shah in the Rajya Sabha on 5 August 2019 and was passed on the same day It was then passed by the Lok Sabha on 6 August 2019 and it received the president s assent on 9 August 2019 Jammu and Kashmir Reorganisation Act 2019Parliament of IndiaLong title An Act to provide for the reorganisation of the existing State of Jammu and Kashmir and for matters connected therewith or incidental thereto CitationAct No 34 of 2019Territorial extentState of Jammu and KashmirEnacted byRajya SabhaEnacted5 August 2019Enacted byLok SabhaEnacted6 August 2019Assented to9 August 2019Signed byPresident Ram Nath KovindSigned9 August 2019Effective31 October 2019Legislative historyFirst chamber Rajya SabhaBill citationBill No XXIX of 2019Introduced byMinister of Home AffairsAmit ShahIntroduced5 August 2019Passed5 August 2019Voting summary Voice Vote 125 voted for Voice Vote 61 voted against01 abstainedSecond chamber Lok SabhaReceived from the Rajya Sabha5 August 2019Passed6 August 2019Voting summary370 voted for70 voted againstNone abstainedRelated legislationA number of orders for the adaptation of state laws and central laws to both union territories 1 Jammu and Kashmir Reorganisation Amendment Bill 2021Supereme Court casesConstitution bench of 5 judges to decide on legality of the act and the resulting orders after the abrogation of article 370SummaryBifurcates the State of Jammu and Kashmir into Union Territory of Jammu and Kashmir and the Union Territory of Ladakh and provides with legislative and executive powers related to state matters for Parliament to administer the UTs Status In forceThe act consists of 103 clauses extends 106 central laws to the UTs repeals 153 state laws and abolishes the Jammu and Kashmir Legislative Council among other things The introduction of the bill was preceded by a presidential order which indirectly amended Article 370 of the Indian constitution and revoked Jammu and Kashmir s special status The act has also given powers to the central government to pass a number of executive orders in relation to both the union territories These orders have resulted in the modification or repeal of over 400 state and central laws with respect to the union territories The act has been challenged in court through a number of petitions The combination of the presidential orders and enactment of the Reorganisation Act was followed by a security lockdown and communications blackout Contents 1 Background 2 Statutory provisions 3 Enactment 3 1 C O 272 C O 273 statutory resolutions 3 2 Voting in Parliament 3 3 Assent and publication 4 Legal challenges 5 Reactions and aftermath 5 1 Movement and communication restrictions 5 2 Civil society 5 3 National and international media 5 4 International community 5 5 China and border skirmishes 5 6 Restoration of statehood delimitation and elections 5 7 Killings and militant recruitment 5 8 Fundamental rights human rights and civil rights 6 Subsequent legislation 6 1 Orders 6 1 1 Changes to domicile legislation 6 1 2 Changes to land legislation 6 2 Amendments 7 References and notes 8 Further reading 9 External linksBackground Edit nbsp Map of the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh as released by Indian Government Article 370 of the Indian constitution gave Jammu and Kashmir special status In contrast to other states of India Jammu and Kashmir had its own constitution and a substantially higher degree of administrative autonomy 2 In particular Indian citizens from other states could not purchase land or property in Jammu and Kashmir 3 Jammu and Kashmir had three distinct areas overwhelmingly Muslim majority Kashmir Valley 95 Muslim with a population of nearly 7 million people a Hindu majority 66 Jammu with a population of 5 35 million people and a 30 Muslim population and Ladakh which has sparse population of 287 000 people a Muslim plurality or relative majority at 46 and a Buddhist minority at 40 with Hindus making up 12 4 Violence and unrest persisted in the Indian administered Muslim majority areas and following a disputed state election in 1987 an insurgency persisted in protest over autonomy and rights 5 6 The Bharatiya Janata Party BJP came to power in the 2014 Indian general election and had included in their 2019 election manifesto the revocation of Article 370 of the Constitution of India 7 Prior to the introduction of the bill and the revocation of the state s special status the central government put the Kashmir Valley on lock down with a surge in security forces imposition of Section 144 preventing assembly and the placement of political leaders such as former Jammu and Kashmir chief ministers Omar Abdullah and Mehbooba Mufti under house arrest 8 9 The State had been first under governor s rule and then under president s rule since 20 June 2018 10 after the coalition government headed by Mehbooba Mufti lost support from the Bharatiya Janata Party Additional 35 000 paramilitary troops were deployed to Jammu and Kashmir 11 prior to which a warning was issued to annual Hindu pilgrims and tourists citing a terror threat The imposition of restrictions included the blocking of internet and phone services 12 13 The preemptive moves preceded the revocation of the state s special status and the passage of the Reorganisation Act 14 Statutory provisions Edit nbsp Blue area represents the former Indian administered state of Jammu and Kashmir and green represents Pakistan administered regions of Kashmir nbsp The two new Indian administered union territories of Jammu and Kashmir and Ladakh have been created The Jammu and Kashmir Reorganisation Act divides the Indian administered state into two Indian administered union territories Jammu and Kashmir and Ladakh Whereas the former Jammu and Kashmir will have a legislative assembly the latter Ladakh will be administered by a lieutenant governor alone The union territory of Ladakh will include the districts of Leh and Kargil while all other districts will be accorded to Jammu and Kashmir 15 Of six Lok Sabha seats allocated to the former state one will be allocated to Ladakh and five to the Jammu and Kashmir union territory The High Court of Jammu and Kashmir will function as the High Court for both the union territories 15 The act provides that the administration of the Jammu and Kashmir will be as per Article 239A of the Indian constitution Article 239A originally formulated for the union territory of Puducherry will also be applicable to Jammu and Kashmir 15 A lieutenant governor appointed by the president will administer the union territory of Jammu and Kashmir which will have a legislative assembly of 107 to 114 members The legislative assembly may make laws for any of the matters in the state list except public order and police which will remain as the law making powers of the union government 15 A council of ministers including a chief minister will be appointed by the lieutenant governor from the members of the legislative assembly with the role to advise the lieutenant governor in the exercise of functions in matters under the legislative assembly s jurisdiction In other matters the lieutenant governor is empowered to act in his own capacity who will also have the power to promulgate ordinances having the same force as acts enacted by the legislature 15 The act abolishes the Legislative Council of the state of Jammu and Kashmir 16 It comprises 103 clauses which extend 106 central laws and 7 amended state laws in part or as a whole to the two union territories 16 The act also repeals 153 state laws and Governor s Acts 16 Enactment EditImportant dates leading up to the implementation of the Reorganisation Act 17 October 1949Roots of Article 370 laid down in the Indian Constitution 17 14 May 1954Constitution Application to J amp K Order 1954 C O 48 18 adds Article 35A to the Constitution of India 19 1954 to 2011Presidential orders extended 94 of the 97 subjects in the Union List to the State of Jammu and Kashmir and 260 of the 395 Articles of the Constitution of India 20 These orders were amendments to the C O 48 not replacements 21 5 August 2019Constitution Application to J amp K Order 2019 C O 272 passed superseding C O 48 22 leading to abrogation of Constitution of Jammu and Kashmir and Article 35A 19 23 5 August 2019Rajya Sabha passes J amp K Reorganisation Act 2019 24 6 August 2019Declaration under Article 370 3 of the Constitution C O 273 25 6 August 2019Lok Sabha passes J amp K Reorganisation Act 2019 24 9 August 2019Presidential assent for J amp K Reorganisation Act 2019 26 31 October 2019Implementation of J amp K Reorganisation Act 2019 26 The passage of the Reorganisation Act 2019 was part of a combination of moves by the government of India including a presidential order C O 272 dated 5 August 2019 and a presidential declaration C O 273 dated 6 August 2019 19 aided by a parliamentary majority 27 These two orders together revoked the special status heretofore enjoyed by the state of Jammu and Kashmir C O 272 C O 273 statutory resolutions Edit Presidential order C O 272 and presidential declaration C O 273 resulted in the indirect and complete change of Article 370 the foundation on which the state had a special status 19 The indirect amendment refers changes to Article 367 via C O 272 dated 5 August 2019 it caused all references to the Constituent Assembly of Jammu and Kashmir in Article 370 3 to be interpreted as the Legislative Assembly of Jammu and Kashmir 19 As the state was under President s Rule at the time the powers of the Legislative Assembly were entrusted to the Parliament of India 28 With this done on the same day after C O 272 was issued the Upper House of the Indian parliament passed a statutory resolution under Article 370 3 endorsing the same 19 29 The statutory resolution recommended that most of Article 370 cease to be operative except the one which says that all provisions and amendments of the Constitution of India would be applicable to the state of Jammu and Kashmir The next day C O 273 put into effect Rajya Sabha s recommendation 19 28 C O 272 also supersedes the 1954 presidential order and has led to the abrogation of the Constitution of Jammu and Kashmir and Article 35A of the Constitution of India 19 30 23 Voting in Parliament Edit The bill was introduced by Amit Shah the Minister of Home Affairs in the Rajya Sabha on 5 August 2019 Opposition was seen two members of the Jammu and Kashmir People s Democratic Party PDP tore up copies of the Indian constitution in protest following which they were suspended from the House 31 32 13 members of the All India Trinamool Congress walked out of the House and 6 members of Janata Dal United allied to the ruling BJP boycotted the voting 33 Opposition was also seen from Dravidian Progressive Federation Nationalist Congress Party Communist Party of India and Communist Party of India Marxist 34 35 However the bill acquired the support of Bahujan Samaj Party YSR Congress Party Telugu Desam Party and the Aam Aadmi Party Along with the 107 members of the ruling National Democratic Alliance the number of supporting parliamentarians totaled to 117 33 The bill also acquired the support of some independent and nominated members 34 It was passed by the Rajya Sabha with 125 members in favour and 61 members against 32 33 The bill was introduced in the lower house of Indian parliament Lok Sabha on 6 August 2019 The All India Trinamool Congress and Janata Dal United walked out from the house while Indian National Congress Nationalist Congress Party and Samajwadi Party opposed the bill Bharatiya Janata Party Shiv Sena Biju Janata Dal Telangana Rashtra Samithi Shiromani Akali Dal Lok Janshakti Party Bahujan Samaj Party and others supported it 36 The bill was passed by the house with 370 votes in favour and 70 votes against 24 37 Question before the Houses The Question is that the Jammu amp Kashmir Reorganisation Bill 2019 be passed The motion is put to vote Rajya Sabha Voice Vote Count of members present 05 August 2019 38 Lok Sabha Electronic Slip Vote Count of members present 06 August 2019 37 39 Ayes 125 209 Ayes 370 440Noes 061 209 Noes 070 440Abstentions 023 209 Abstentions 000 440Result The Ayes have it the Ayes have it the Ayes have it The motion is adopted and the bill is passed 40 Assent and publication Edit The bill received the assent of the president on 9 August 2019 41 subsequent to which it was published in The Gazette of India on the same date 42 43 A notification published on the same day provided for the union territories to come into effect from 31 October 2019 44 45 nbsp Wikisource has original text related to this article Jammu and Kashmir Reorganisation Act 2019 The two union territories came into existence on 31 October 2019 which is celebrated as National Unity Day marking the birth anniversary of Sardar Vallabhai Patel who had a major role in the political integration of India 46 47 The president of India appointed a lieutenant governor for the Union Territory of Jammu and Kashmir and a lieutenant governor for the Union Territory of Ladakh 48 Both the lieutenant governors were sworn in by Justice Gita Mittal the chief justice of Jammu and Kashmir and Ladakh High Court on 31 October 2019 first at Leh and then at Srinagar 49 President s rule was revoked following bifurcation and newly applied to the union territories through the lieutenant governors 50 51 Legal challenges EditThe president s order under Article 370 made on August 5 2019 the Jammu and Kashmir Reorganisation Bill and the two resolutions passed this week by parliament were conceived in malice and executed in deceit Have you ever heard of a state robbing its regions of autonomy because they have suffered terrorist attacks In the entire exercise vile passions have triumphed over elementary concern with the law The presidential order is patently unconstitutional the entire order is afflicted with defects So in consequence is the entire Reorganisation Act which is based on it A G Noorani 13 August 2019 in The Wire 52 From 9 August 2019 onwards a number of petitions were filed that challenged the validity of the act 53 This includes petitions by members of parliament former bureaucrats and military officers advocates lawyers activists and non governmental organisations 54 55 Members of parliament Mohammad Akbar Lone and Hasnain Masoodi of Jammu and Kashmir National Conference filed a petition in the Supreme Court on 10 August 2019 challenging the presidential orders and the Reorganisation Act 2019 together 56 With regard to the Reorganisation Act 2019 the petition challenges the downgrading of representation the degradation and unilateral changes to constitutionalized federalism through the change from statehood to a union territory and the right to autonomy as per the constitution 56 Further the Reorganisation Act 2019 is challenged to be invalid as the presidential orders are also questionable 56 57 There are multiple reasons given for the invalidity of the presidential orders including unconstitutionally using an article to amend itself in a way other than what was written in the constitution making changes unilaterally going against articles in the Constitution of Jammu and Kashmir constitutional morality and arbitrariness 56 Jammu and Kashmir People s Conference has also challenged the presidential orders in court deeming them invalid as per articles 14 19 and 21 of the Indian Constitution and that the will of the people of Jammu and Kashmir has not appropriately been taken into account 58 Further as the changes were made during Governor s Rule a temporary representative of the Union government itself making permanent changes was unconstitutional 58 On 5 August 2019 the Home Minister had stated that the reorganisation could be lifted and statehood restored 59 In October 2019 a spokesperson for the United Nations High Commissioner for Human Rights Rupert Colville stated that The Supreme Court of India has been slow to deal with petitions concerning habeas corpus freedom of movement and media restrictions 60 61 The Supreme Court stated that it would hear related pleas after its summer vacation in 2022 62 Reactions and aftermath EditSee also Revocation of the special status of Jammu and Kashmir International reactions and Demonstrations Further information 2019 2021 Jammu and Kashmir lockdown On 4 August 2019 People s Alliance for Gupkar Declaration an alliance of several political parties in Jammu and Kashmir unanimously passed a resolution That all the parties would be united in their resolve to protect and defend the identity autonomy and special status of J amp K against all attacks and onslaughts whatsoever That modification abrogation of Articles 35A 370 unconstitutional delimitation or trifurcation of the State would be an aggression against the people of Jammu Kashmir and Ladakh 63 On 5 and 6 August 2019 cross party support for the creation of the union territory of Ladakh was seen in Leh however Kargil leaders voiced opposition to its creation 64 Gupkar Alliance passed another declaration to the same effect as the one in 2019 on 22 August 2020 65 66 Farooq Abdullah was released from preventive detention on 13 March 2020 Omar Abdullah on 24 March 2020 and Mehbooba Mufti on 13 October 2020 67 68 In Ladakh by October 2020 a certain amount of apprehension over its status as a union territory had developed due to subsequent legislation and fears of losing jobs and land 69 70 The Leh unit of the BJP passed a resolution in the Ladakh Autonomous Hill Development Council to the same effect 69 Those in Kargil also continued with their disapproval of being included into the union territory of Ladakh 71 On 3 August 2020 P Chidambaram wrote All major fundamental rights are effectively suspended and that there was a new Kashmir issue as opposed to the 1947 one before 72 Solidarity events between Kashmiri and Palestinian networks were also seen 73 Movement and communication restrictions Edit House Foreign Affairs Committee nbsp Twitter HouseForeign India s communication blackout in Kashmir is having a devastating impact on the lives and welfare of everyday Kashmiris It s time for India to lift these restrictions and afford Kashmiris the same rights and privileges as any other Indian citizen Linked NYT article In Kashmir a Race Against Death With No Way to Call a Doctor 7 October 2019 74 A security lockdown and communications blackout was extended throughout the new union territories in a pre emptive manner 75 76 Restrictions in Kashmir continued for a longer duration than those in Jammu 75 Some parts of Jammu saw restrictions being lifted a few days later 75 76 Government of India data showed that thousands of arrests were made 77 Politicians including three former Chief Ministers of Jammu and Kashmir were put under preventive detention 77 The press in the region was heavily impacted 78 According to Access Now the communications blackout was the longest any democracy has ever seen 79 80 Civil society Edit The neutrality of this section is disputed Relevant discussion may be found on the talk page Please do not remove this message until conditions to do so are met September 2023 Learn how and when to remove this template message Disappointment came about in Kashmir in the days post 5 6 August 2019 81 82 80 A fact finding team including Jean Dreze and Kavita Krishnan reported that People expressed their anger freely in informal conversation but no one was willing to speak on camera children were heard calling Modi Iblees meaning Satan and a man in Sopore said that the situation was silence at gunpoint and the peace was the peace of a graveyard while someone else said It s Army rule not Modi rule 82 The newspaper Greater Kashmir had two pages devoted to the cancellation of weddings With regard to pellet injuries the fact finding team met two people with pellet injuries at SMHS Hospital 82 According to rights groups 412 habeas corpus petitions challenging detentions under the Jammu and Kashmir Public Safety Act 1978 were filed after 5 August 2019 83 National and international media Edit India is wedged between two nuclear armed allies that routinely defy fundamental international rules and norms Until China and Pakistan stop trying to undermine its territorial sovereignty in Jammu and Kashmir India will have little choice but to take steps to protect itself Brahma Chellaney 2 September 2019 in Project Syndicate 84 Chellaney told ThePrint that this piece was picked up by over 100 newspapers abroad 85 International media frequently referred to the situation as a nuclear flashpoint 86 In a statement BBC said that they strongly refute any claims that we have misrepresented events in Kashmir 86 Sevanti Ninan explains to ThePrint For the foreign press Kashmir is both a conflict zone and disputed territory and it covers it as such After Kashmir s change of status they think it is their job to capture protests not to pander to the Indian government s sensitivities 86 Brahma Chellaney explains that this internationalisation was normal and that the real failure was the minimal number of Indians who wrote on international issues 85 International community Edit The Jammu and Kashmir Reorganisation Act 2019 has been subject to significant controversy and debates in the international community with some countries questioning its legality and respect for democracy On August 8 2019 UN Secretary General Antonio Guterres stated his concern and called for maximum restraint He noted that the position of the United Nations on this region is governed by the Charter of the United Nations and applicable Security Council resolutions 87 China and Pakistan are the countries that have condemned India s decision most insistently 88 On August 13 2019 Pakistan requested and Permanent Member China supported a consideration of this issue by the UN Security Council in 2019 many other countries reinforced these moves 88 Ambassador Zhang noted that Council members had expressed their serious concern and he expressed the general belief that the Kashmir controversy should be resolved properly through peaceful means in accordance with the UN Charter the relevant Security Council resolutions and bilateral agreements 89 The Jammu and Kashmir Reorganization Act 2019 impacted India s regional security due to the deterioration of the bilateral relations with Pakistan since it increased the fresh military skirmishes along the Line of Control between these two nations 88 Pakistan has continuously criticized the Government of India s decision to remove Article 370 on grounds of its being unconstitutional and unacceptable as it directly impacted people s fundamental rights 90 Pakistan s Ambassador Maleeha Lodhi said outside the UNSC chamber in August 2019 that the voice of the Kashmiri people resonated in the chambers of the world s highest diplomatic forum today The whole world is discussing the occupied state This is an international dispute 91 On August 16 2019 India s Ambassador Syed Akbaruddin said that our national position was and remains that matters related to Article 370 of the Indian Constitution are entirely an internal matter of India The recent decisions taken by the Government of India and our legislative bodies are intended to ensure that good governance is promoted socio economic development is enhanced for our people in Jammu and Kashmir and Ladakh India remains committed to ensure that the situation there remains calm and peaceful We are committed to all the agreements that we have signed on this issue 92 He added that all issues between India and Pakistan as well as India and any other country will be resolved bilaterally peacefully and in a manner that behooves normal inter state relations between countries 93 China and border skirmishes Edit On 6 August 2019 Chinese foreign affairs spokeswoman Hua Chunying opposed the integration of the Chinese territory in the western sector of the China India boundary into India s administrative jurisdiction 94 In early October 2019 Chinese President Xi Jinping released a statement saying that the situation in Kashmir was being observed and that Pakistan had the support of China 95 96 On 31 October 2019 the Chinese Foreign ministry said that India s decision to unilaterally change its domestic laws and administrative divisions is void illegal and will not affect the fact that the area Aksai Chin is under Chinese actual control 97 In June 2020 Wang Shida of China Institutes of Contemporary International Relations linked the 2020 2021 China India skirmishes to India s decision to change the status of Jammu Kashmir and Ladakh 98 Indian diplomat Gautam Bambawale and Pravin Sawhney also held the same reasoning 99 100 A spokesman of the Embassy of the People s Republic of China in the Islamic Republic of Pakistan also linked the two in a tweet 101 Restoration of statehood delimitation and elections Edit Further information Restoration of the statehood of Jammu and Kashmir and Ladakh The first elections in the union territory of Jammu and Kashmir took place in the last two months of 2020 in the form of by elections to District Development Councils and municipal and panchayat level bodies 102 103 Even though 220 candidates were fielded by the Gupkar Alliance 104 some of those elected were dissatisfied post elections accusing the government of creating a powerless body 105 A fresh delimitation process for assembly constituencies began in February March 2020 106 107 The Reorganisation Act has complicated the delimitation with suspicion being created over whether the new seats would go to Kashmir or Jammu 108 At an all party meet of Jammu and Kashmir leaders in New Delhi on 24 June 2021 statehood delimitation and elections were discussed 109 During the meeting restoration of statehood was raised this was acknowledged by both the Prime Minister and the Home Minister 110 Killings and militant recruitment Edit Between August 2019 and August 2021 23 BJP leaders and workers 12 in Kashmir and 11 in Jammu were killed 111 In the first six months of 2021 89 militants died in roughly 47 gunfights in Kashmir 112 During October 2021 13 civilians were killed the highest death toll in a single month in the past two years leading to the exodus of hundreds of migrant labourers and their families 113 Militant recruitment still occurs 112 Cross border cease fire violations along the Line of Control still occur resulting in deaths of civilians and security forces 114 While India s Multi Agency Centre estimated that 55 terrorists crossed the LoC post 5 August in 2019 115 the military put the number much lower adding that many infiltration attempts had been thwarted 116 In 2020 60 security men were killed in the region 117 Fundamental rights human rights and civil rights Edit Members of The Forum for Human Rights in Jammu and Kashmir came out with three reports post August 2019 118 The informal group concerned about the situation of human rights in the state included Justice Madan Lokur Justice Hasnain Masoodi Justice Ruma Pal Justice Bilal Nazki Justice Ajit Prakash Shah Radha Kumar Nirupama Rao Shantha Sinha Ramachandra Guha Moosa Raza Air Vice Marshal retd Kapil Kak Lieutenant General retd H S Panag Major General retd Ashok K Mehta and others 119 The first report while condemning the situation of human rights in the state and that security concerns were being placed first recommended sic release all remaining political detainees repeal the PSA and any other preventive detention legislation remove all restrictions on freedom of representation and expression release all detained juveniles and withdraw charges against them allow smooth passage for medical personnel and patients reinstate all the former state s statutory oversight bodies especially those monitoring human rights such as the Jammu and Kashmir Human Rights Commission encourage all shades of opinion to be freely and peacefully expressed as the laws apply in every part of the Indian Union 119 The second report covered the period August 2020 January 2021 and stated that most of the violations described in the forum s first report remain even 18 months after the imposition of a lockdown on Jammu and Kashmir 120 121 The third report was published in August 2021 marking the completion of two years of changes in the state 122 123 The findings of the third report include 124 The security situation has not improved on the contrary it has worsened Counter insurgency concerns continue to be given priority leading to an across the board vitiation of human and civil right protections the Jammu and Kashmir administration continues to oppose bail and stifle dissent on increasingly bizarre grounds recruitment of cyber volunteers to monitor for anti national content Rates of domestic abuse too have increased drastically Incidents of dowry and or wife burning rarely heard before have surfaced Journalists have been harassed assaulted and charged under UAPA However considering the regions history including ethnic cleansing many today still place public security safety and order as paramount 125 In October 2019 India invited a group of largely right wing MEP s in their personal capacity to the Kashmir Valley to see the on ground situation 126 127 A third foreign delegation visited the region in February 2021 the envoys represented various countries including Brazil Malaysia Bolivia Ghana and Kyrgyzstan 128 Michelle Bachelet the United Nations High Commissioner for Human Rights put out a comment in September 2021 expressing concerns about the human rights situation in the state including the communication blackouts and stated Ongoing use of the Unlawful Activities Prevention Act throughout India is worrying with Jammu amp Kashmir having among the highest number of cases in the country While I acknowledge the Government s efforts to counter terrorism and promote development in the region such restrictive measures can result in human rights violations and foster further tensions and discontent 129 The Supreme Court of India also stated freedom of internet access is a fundamental right and that internet restrictions could not continue indefinitely 79 Subsequent legislation EditOrders Edit Following the implementation of the Jammu and Kashmir Reorganisation Act 2019 and through the powers given by the act the central government of India further approved eight orders which provide for the adaption of state and central laws to the union territories 1 Five orders deal with the union territory of Jammu and Kashmir and three with the union territory of Ladakh 1 Through these executive orders the central government has made changes to or repealed over 400 laws in relation to the union territories by November 2020 130 List of Jammu and Kashmir Reorganisation OrdersJammu and Kashmir Reorganisation Orders Date Legislation Notes18 03 2020 J amp K Reorganization Adaptation of Central Laws Order 2020 A number of central acts extended to the UT including Code of Civil Procedure 1908 and Code of Criminal Procedure 1973 131 132 31 03 2020 J amp K Reorganization Adaptation of State Laws Order 2020 Repeals a number of state acts Amends a number of state acts 131 133 20 05 2020 J amp K Reorganization Adaptation of State Laws Second Order 2020 Amends J amp K Civil Services Decentralization and Recruitment Act 2010 131 05 10 2020 J amp K Reorganization Adaptation of Central Laws Second Order 2020 Extends a number of central laws with amendments 131 05 10 2020 J amp K Reorganization Adaptation of State Laws Third Order 2020 Amends state acts to provide for the restructuring of different municipal bodies of the UT 131 16 10 2020 J amp K Reorganization Adaptation of State Laws Fourth Order 2020 Amends the J amp K Panchayati Raj Act 1989 131 26 10 2020 J amp K Reorganization Adaptation of State Laws Fifth Order 2020 Extends a number of central laws with amendments 131 26 10 2020 J amp K Reorganization Adaptation of Central Laws Third Order 2020 Amends a number of state acts Repeals a number of state acts 131 Changes to domicile legislation Edit The Jammu and Kashmir Reorganisation Adaptation of State Laws Order 2020 dated 31 March 2020 resulted in the complete repeal of 25 prior state laws 134 The remaining 113 state laws were adopted with changes 134 135 This move by the central government came under specific criticism for the changes to the Jammu and Kashmir Civil Services Decentralization and Recruitment Act 2010 which resulted in a modification to the states domicile laws Previously Article 370 reserved land and jobs only for permanent residents the definition of which was altered to include domiciles through the approval of the new order 136 137 Under the new laws domiciles would be given jobs in the state Among the various criteria under the modified law anybody who has resided for a period of fifteen years in the Union territory of Jammu and Kashmir or migrants registered by the Relief and Rehabilitation Commissioner of the union territory would be eligible for a domicile 138 A number of political parties including Jammu and Kashmir Apni Party and the Jammu unit of BJP opposed the order and showed discontentment stating that there were no safeguards to protect the rights and privileges of the people of Jammu and Kashmir 139 On 3 April 2020 a fresh order was issued by the central government that made six changes to the previous order Among the changes were providing protection to domiciles in any government post as compared to only selected posts before 140 A new order the Jammu and Kashmir Reorganisation Adaptation of State Laws Second Order 2020 was passed on 20 May 2020 141 142 This order modified applicability of domicile orders to all level of jobs in the union territory 143 Jammu division saw 33 157 people applying for the domicile document between 18 May 2020 and 26 June 2020 Among them 25 000 domicile certificates were issued Out of those applying about 32 000 application were from Jammu while Kashmir saw only 720 applications 144 145 Refugees from Pakistan and Valmikis are among those who have been issued the residency certificates they came in the 1950s when sanitation workers in Jammu went on strike 144 146 These changes in domicile rules have been compared academically to post colonial colonialism and reinforcing settler colonialism in the region 147 148 and Patrick Wolfe s models of colonialism 147 149 Kashmiri author and academician Ather Zia holds the same views settler colonial techniques in Kashmir predate the foreboding of the siege of August 2019 73 On the other hand the change in residency rules have been seen to correct past injustices 150 For the first time women from Jammu and Kashmir who married outside the state can get domiciles 151 The spouse of natives can also apply for domicile 152 Changes to land legislation Edit On 26 October 2020 the Union Territory of Jammu and Kashmir Reorganisation Adaptation of Central Laws Third Order 2020 came into force ANI reported that under the orders 12 state laws have been repealed and 26 others have been adapted with changes or substitutes 153 154 Among the changes were modifications to the land laws which now allowed those from other states to buy land in the UT 155 By August 2021 two people from outside of the union territory had bought property 155 Amendments Edit G Kishan Reddy the Minister of State for Home Affairs introduced the Jammu and Kashmir Reorganisation Amendment Bill 2021 to replace the existing ordinance for the same 156 The ordinance merged the Jammu and Kashmir cadre of civil services officers with the Arunachal Pradesh Goa Mizoram Union Territory AGMUT cadre 156 By 13 February 2021 both houses of the Parliament had passed the bill 157 References and notes EditNotes References a b c Maqbool Umer 2 November 2020 How the Centre Effected Changes in J amp K Laws Through Executive Orders The Wire Retrieved 23 August 2021 Venkataramanan K 5 August 2019 Explained How the status of Jammu and Kashmir is being changed The Hindu ISSN 0971 751X Retrieved 16 October 2021 Article 370 and 35 A revoked How it would change the face of Kashmir The Economic Times 5 August 2019 Retrieved 16 August 2021 Sandhu Kamaljit Kaur 4 June 2019 Government planning to redraw Jammu and Kashmir assembly constituency borders Sources India Today Retrieved 16 August 2021 India Pakistan Troubled relations Kashmir insurgency BBC News Archived from the original on 22 February 2017 Retrieved 21 February 2017 Jeelani Mushtaq A 25 June 2001 Kashmir A History Littered With Rigged Elections Media Monitors Network Archived from the original on 4 March 2016 Retrieved 24 February 2017 Article 370 What happened with Kashmir and why it matters BBC News 6 August 2019 Retrieved 16 August 2021 Jammu Kashmir Article 370 Govt revokes Article 370 from Jammu and Kashmir bifurcates state into two Union Territories The Times of India PTI 5 August 2019 Retrieved 24 August 2021 Chakraborty Abhishek Bhasin Swati eds 7 August 2019 Parliament Clears Bill To Split Jammu And Kashmir To 2 Union Territories Highlights NDTV Retrieved 16 August 2021 After Governor s rule President s rule comes into force in Jammu and Kashmir The Economic Times PTI 20 December 2018 Retrieved 28 April 2020 Ashiq Peerzada 2 August 2019 25 000 more troops being deployed in J amp K The Hindu ISSN 0971 751X Retrieved 28 April 2020 Ratcliffe Rebecca 6 August 2019 Kashmir Pakistan will go to any extent to protect Kashmiris The Guardian Retrieved 6 August 2019 Inside Kashmir s lockdown Even I will pick up a gun BBC News 9 August 2019 Retrieved 16 August 2021 Indian paramilitary forces injured in grenade attack Al Jazeera 27 October 2019 Retrieved 16 August 2021 a b c d e Jammu amp Kashmir Reorganisation Bill passed by Rajya Sabha Key takeaways The Indian Express 5 August 2019 Retrieved 16 August 2021 a b c Mohanty Prasanna 6 August 2019 Jammu amp Kashmir Reorganisation Bill 2019 A rush job raising concerns of democratic propriety India Today Retrieved 16 August 2021 October 17 1949 Special status is born Hindustan Times 6 August 2019 Retrieved 16 October 2021 C O 48 Gazette of India Extraordinary Part II Section 3 PDF The Gazette of India Government of India 14 May 1954 Retrieved 16 October 2021 a b c d e f g h Ahmad Tariq Buchanan Kelly 3 October 2019 FALQs Article 370 and the Removal of Jammu and Kashmir s Special Status blogs loc gov Library of Congress In Custodia Legis Law Librarians of Congress Retrieved 16 October 2021 Noorani A G 2011 Article 370 A Constitutional History of Jammu and Kashmir Oxford University Press pp 13 14 ISBN 978 0 19 807408 3 Cottrell Jill 2013 Kashmir The vanishing autonomy in Ghai Yash Woodman Sophia eds Practising Self Government A Comparative Study of Autonomous Regions Cambridge University Press p 174 doi 10 1017 CBO9781139088206 006 ISBN 978 1 107 29235 2 C O 272 Gazette of India Extraordinary Part II Section 3 PDF The Gazette of India Government of India 5 August 2019 Archived from the original PDF on 5 August 2019 Retrieved 16 October 2021 a b Acharyulu M Sridhar 18 August 2019 The Legal Subversions That Helped the Centre Undercut J amp K s Powers The Wire Retrieved 17 October 2021 a b c Jammu Kashmir News Bill to bifurcate J amp K resolution to scrap Article 370 get Parliament nod The Times of India PTI 6 August 2019 Retrieved 6 August 2019 C O 273 Gazette of India Extraordinary Part II Section 3 PDF The Gazette of India Government of India 6 August 2019 Archived PDF from the original on 6 August 2019 Retrieved 16 October 2021 a b President Kovind gives assent to J amp K Reorganisation Bill two new UTs to come into effect from Oct 31 The Indian Express 16 October 2021 Retrieved 16 October 2021 Lok Sabha Passes J amp K Reorganisation Bill Resolution to Revoke Article 370 The Wire 6 August 2019 Retrieved 16 October 2021 a b Article 370 Manohar Lal Sharma v Union of India www scobserver in Supreme Court Observer Retrieved 16 October 2021 Statutory Resolutions Supplementary List of Business Rajya Sabha 5 August 2019 Accessed on 18 October 2021 Rajagopal Krishnadas 5 August 2019 Explained President s Order scraps its predecessor and amends Article 370 The Hindu ISSN 0971 751X Retrieved 16 August 2021 PDP MPs tear Constitution removed from Rajya Sabha India Today Delhi IANS 5 August 2019 Retrieved 6 August 2019 a b Regional parties support ensures smooth adoption of resolution on Article 370 J amp K bifurcation bill The Times of India PTI 5 August 2019 Retrieved 6 August 2019 a b c Prabhu Sunil Sanyal Anindita ed Already Rajya Sabha Clears J amp K As Union Territory Instead Of State NDTV Retrieved 16 August 2021 a b Regional parties support ensures smooth adoption of resolution on Article 370 J K bifurcation bill The Economic Times PTI 5 August 2019 Retrieved 23 August 2021 Congress DMK JD U others opposed the Bill DNA India 5 August 2019 Retrieved 23 August 2021 Parliament Live Lok Sabha passes Jammu and Kashmir Reorganisation Bill Ayes 370 Noes 70 The Hindu 6 August 2019 ISSN 0971 751X Retrieved 6 August 2019 a b Nikhil Kumar Swati Gupta Manveena Suri Helen Regan 7 August 2019 India parliament votes to change Kashmir s status give Delhi more control over contested region CNN Retrieved 16 August 2021 lower house the bill was passed by a digital vote with 370 members in favor and 70 against it Das Shaswati 5 August 2019 Rajya Sabha passes J amp K Reorganisation Bill scraps Articles 370 35A mint Retrieved 23 August 2021 The Bill was passed by Upper House through a voice vote and 125 were in favour while 61 were against Parliament Live Lok Sabha passes Jammu and Kashmir Reorganisation Bill Ayes 370 Noes 70 The Hindu 6 August 2019 ISSN 0971 751X Retrieved 23 August 2021 Voting and passing of The Jammu and Kashmir Reorganisation Bill 2019 YouTube video Rajya Sabha TV retrieved 23 August 2021 Timestamp 18 40 a href Template Citation html title Template Citation citation a CS1 maint postscript link President gives assent to J amp K reorganisation legislation 2 UTs to come into existence on October 31 India Today PTI 9 August 2019 Retrieved 28 April 2020 Rajya Sabha and its Secretariat A Performance Profile 2019 PDF New Delhi Rajya Sabha Secretariat Parliament of India 2020 pp 3 27 Archived from the original PDF on 24 July 2021 Jammu and Kashmir Reorganisation Act 2019 Ministry of Law and Justice Legislative Department 9 August 2019 The Gazette of India Retrieved on 16 August 2021 Archived on 16 August 2021 Jammu and Kashmir Ladakh to come into existence on October 31 after President Ram Nath Kovind s nod Hindustan Times PTI 9 August 2019 Retrieved 16 August 2021 Jammu and Kashmir bifurcated India has one less state gets two new Union Territories in J amp K Ladakh India Today 31 October 2019 Retrieved 16 August 2021 What is National Unity Day and why is it celebrated on 31st October Scroll in 31 October 2019 Retrieved 18 October 2021 Tiwary Deeptiman 31 October 2019 Explained Jammu and Kashmir state to two UTs today later The Indian Express Retrieved 18 October 2021 Baruah Amit 31 October 2019 Lieutenant Governors take charge in Jammu and Kashmir Ladakh The Hindu ISSN 0971 751X Retrieved 18 October 2021 Krishnan Sangeeta 31 October 2019 GC Murmu sworn in as J amp K s first Lieutenant Governor RK Mathur takes oath as Ladakh s first LG Jagran Josh Jagran Prakashan Limited Retrieved 18 October 2021 President rule imposed in J amp K finally revoked ddnews gov in DD News 31 October 2021 Retrieved 18 October 2021 Chopra R 31 October 2019 President s rule revoked in undivided J K central rule to remain in J K UT Tribune India Retrieved 18 October 2021 Noorani A G 13 August 2019 Murder of Insaniyat and of India s Solemn Commitment to Kashmir The Wire Retrieved 18 October 2021 Sinha Bhadra 3 January 2021 A year amp counting clock ticking but SC verdict yet awaited on over 20 pleas on Article 370 scrapping ThePrint Retrieved 23 August 2021 The first petition seeking to challenge the presidential order that notified the J amp K Reorganisation Act was filed on 9 August 2019 A spate of petitions followed The challenge was on multiple grounds Prakash Satya 24 June 2021 Abrogation of Article 370 Around two dozen petitions hang fire in Supreme Court Tribune india Retrieved 23 August 2021 Retired bureaucrats military officers move SC over abrogation of Article 370 bifurcation of Kashmir India Today 17 August 2019 Retrieved 23 August 2021 a b c d Sachdev Vakasha 10 August 2019 Arguments NC is Making in SC to Term Centre s Art 370 Move Illegal TheQuint Retrieved 16 October 2021 Bhatia Gautam 5 August 2019 The Article 370 Amendments On Jammu amp Kashmir Key Legal Issues BloombergQuint Retrieved 16 October 2021 a b J amp K People s Conference Moves Supreme Court Against Article 370 Removal NDTV PTI 13 September 2019 Retrieved 16 October 2021 Article 370 Revoked J amp K Leaders Detained PM Modi Praises Amit Shah The Wire 5 August 2019 Retrieved 16 August 2021 Shah said that J amp K could be made a state again as soon as normalcy returns Supreme Court slow in dealing with petitions on Kashmir situation United Nations panel The Indian Express 29 October 2019 Retrieved 18 October 2021 Supreme Court Has Been Slow To Deal With Kashmir Petitions United Nations High Commissioner For Human Rights Read Statement Live Law 29 October 2019 Retrieved 17 October 2021 Supreme Court To Hear Pleas Against Article 370 Repeal After Summer Vacation NDTV Press Trust of India 25 April 2022 Retrieved 26 April 2022 a href Template Cite web html title Template Cite web cite web a CS1 maint others link Gupkar Declaration August 4 2019 Frontline 25 October 2019 Retrieved 16 October 2021 Ladakh s UT Status Triggers Jubiliation in Leh Resentment in Kargil News18 PTI 6 August 2019 Retrieved 17 October 2021 Wani Fayaz 15 October 2020 Gupkar Declaration signatories set to come up with a roadmap on Article 370 The New Indian Express Retrieved 16 October 2021 Ganai Naseer 22 August 2020 Year After Gupkar Declaration Parties In Kashmir Unanimously Call For Restoration Of Special Status Outlook India Retrieved 16 October 2021 Hussain Ashiq 14 October 2020 Mehbooba Mufti released after 14 months in detention Hindustan Times Retrieved 17 October 2021 Masood Bashaarat 14 October 2020 Mehbooba released says will take back what Delhi snatched The Indian Express Retrieved 17 October 2021 a b Kuchay Bilal 14 October 2020 Ladakh Buddhists who hailed India s Kashmir move not so sure now Al Jazeera Retrieved 17 October 2021 Dictatorial Regime Three Ladakh Residents Move SC Challenging Dilution of Article 370 The Wire 11 August 2021 Retrieved 17 October 2021 Donthi Praveen 30 October 2019 In J amp K s reorganisation Kargil is the biggest loser Asgar Ali Karbalai The Caravan Retrieved 17 October 2021 Chidambaram P 3 August 2020 No end to a tragic saga The Indian Express Retrieved 17 October 2021 a b Osuri Goldie Zia Ather 3 May 2020 Kashmir and Palestine archives of coloniality and solidarity Identities 27 3 251 261 doi 10 1080 1070289X 2020 1750200 ISSN 1070 289X S2CID 221058702 House Foreign Affairs Committee nbsp HouseForeign 7 October 2019 India s communication blackout in Kashmir is having a devastating impact on the lives and welfare of everyday Kashmiris It s time for India to lift these restrictions and afford Kashmiris the same rights and privileges as any other Indian citizen Linked NYT article In Kashmir a Race Against Death With No Way to Call a Doctor Tweet Archived from the original on 11 January 2021 via Twitter a b c Restrictions removed from Jammu Kashmir to be in lockdown on I Day Hindustan Times 14 August 2019 Retrieved 16 October 2021 a b US Congress Committee Urges India to Lift Kashmir Communication Blackout The Wire 8 October 2019 Retrieved 16 October 2021 a b Ghoshal Devjyot Pal Alasdair 12 September 2019 Thousands detained in Indian Kashmir crackdown official data reveals Reuters Retrieved 16 October 2021 Chakravarty Ipsita 24 August 2021 Killing the story How the Kashmiri press was silenced after the region lost autonomy Reuters Institute for the Study of Journalism Retrieved 17 October 2021 a b Phartiyal Sankalp Bukhari Fayaz 10 January 2020 India s top court says indefinite Kashmir internet shutdown is illegal Reuters Retrieved 17 October 2021 a b Masih Niha Irfan Shams Slater Joanna 4 August 2020 Voices from Kashmir Inside India s year long crackdown Washington Post ISSN 0190 8286 Retrieved 20 October 2021 Chakravarty Ipsita Zargar Safwat 29 November 2019 Shutters down How Kashmir has kept up a slow burning protest since Article 370 was revoked Scroll in Retrieved 20 October 2021 a b c Jean Dreze Kavita Krishnan Maimoona Mollah Vimal Bhai 14 August 2019 Kashmir Caged Fact Finding Report Countercurrents org Retrieved 20 October 2021 Annual Human Rights Review 2019 Jammu Kashmir Coalition of Civil Society JKCCS 31 December 2019 Retrieved 20 October 2021 Chellaney Brahma 2 September 2019 Myths of Kashmir Project Syndicate Retrieved 23 October 2021 a b Singh Nandita 29 October 2019 How foreign media coverage of Kashmir crisis has become a headache for Modi govt ThePrint Retrieved 23 October 2021 a b c John Rachel Grewal Kairvy 3 September 2019 How foreign media has covered Kashmir crisis and run foul of Modi govt ThePrint With inputs from Srijan Shukla and Shailaja Bajpai Retrieved 23 October 2021 Guterres appeals for maximum restraint over Jammu and Kashmir as tensions rise UN News news un org 8 August 2019 Retrieved 29 April 2023 a b c Westcott Stephen P 2020 The United Nations Friend or Foe of Self Determination Bristol England E International Relations pp 127 143 ISBN 978 1 910814 48 2 UN Security Council discusses Kashmir China urges India and Pakistan to ease tensions UN News news un org 16 August 2019 Retrieved 29 April 2023 Pathak Mintu Mushahary Jhanin 3 March 2022 The Revocation of Article 370 in Indian Constitution An Analysis of the Socio Political and Economic Effects after Withdrawal of the Article in Jammu and Kashmir Journal of Positive School Psychology 3012 3018 ISSN 2717 7564 Iqbal Anwar 17 August 2019 UNSC Kashmir moot gives lie to Indian claim DAWN COM Retrieved 29 April 2023 UN Security Council Needs To Wake Up And Resolve Kashmir Crisis Between Nuclear Armed India Pakistan DIPLOMATIC TIMES 17 August 2019 Retrieved 29 April 2023 UNSC meeting expresses serious concern over Kashmir issue The Business Standard 17 August 2019 Retrieved 29 April 2023 China says India move on Kashmir violates its territorial sovereignty Dawn 6 August 2019 Retrieved 7 August 2019 China s Xi voices support for Pakistan over Kashmir Xinhua Reuters Beijing Islamabad 9 October 2019 Retrieved 17 October 2021 Xi Jinping Says He s Watching Kashmir Will Back Pak On Core Interests Report NDTV Xinhua News Agency Reuters 9 October 2019 Retrieved 17 October 2021 a href Template Cite news html title Template Cite news cite news a CS1 maint others link Reorganisation of J amp K internal affair India slams China over Kashmir statement Press Trust of India 31 October 2019 Retrieved 2 November 2019 via The Times of India Krishnan Ananth 12 June 2020 Beijing think tank links scrapping of Article 370 to LAC tensions The Hindu ISSN 0971 751X Retrieved 17 October 2021 Sawhney Pravin 10 June 2020 Here s Why All s Not Well for India on the Ladakh Front The Wire India Retrieved 17 October 2021 Wahid Siddiq 11 June 2020 There is a Global Dimension to the India China Confrontation in Ladakh The Wire India Retrieved 17 October 2021 Laskar Rezaul H 13 June 2020 Chinese diplomat tweets a twist to Ladakh standoff sees link to Article 370 Hindustan Times Retrieved 17 October 2021 J amp K First ever District Development Council elections to be held in eight phases from November 28 Scroll in 5 November 2020 Retrieved 17 October 2021 Jammu and Kashmir DDC polls panchayat municipal by elections notifications issued The Financial Express PTI 5 November 2020 Retrieved 17 October 2021 a href Template Cite web html title Template Cite web cite web a CS1 maint others link Iqbal Naveed 22 December 2020 Jammu amp Kashmir DDC polls Gupkar Alliance fields 220 candidates BJP 183 and Apni Party 134 The Indian Express Retrieved 18 October 2021 Ganai Naseer 9 March 2021 J K DDC Members Claim Government Is Trying To Curb Their Powers Stage Protests Outlook India Retrieved 18 October 2021 Jammu and Kashmir Centre begins process of delimitation of Assembly seats Scroll in 18 February 2020 Retrieved 17 November 2020 J amp K leaders Modi meeting Live Updates Talks with PM ends Azad says asked for restoration of statehood The Indian Express 24 June 2021 Retrieved 24 June 2021 All leaders demanded statehood To which PM said the delimitation process should conclude first and then other issues will be addressed It was a satisfactory meeting There was complete unanimity for restoring peace in Jammu and Kashmir Explained The Jammu and Kashmir Reorganisation Act 2019 and why it has become a bone of contention in the delimitation process The Financial Express 16 July 2021 Retrieved 17 October 2021 J amp K talks Here s what unfolded at the first meet and what lies ahead The Indian Express 25 June 2021 Retrieved 17 October 2021 Ghosh Poulomi 24 June 2021 PM Modi tells J amp K leader he s committed to restoring statehood wants to remove Dilli ki Duri Dil ki Duri Hindustan Times Retrieved 18 October 2021 Malik Irfan Amin 20 August 2021 J amp K 23 BJP Leaders Workers Killed Since Union Govt s Article 370 Move The Wire Retrieved 17 October 2021 a b Mir Shakir 15 August 2021 Kashmir Militancy Remains a Zero Sum Game Two Years after August 5 Move The Wire Retrieved 17 October 2021 Jammu amp Kashmir Timeline Terrorist Activities 2021 satp org Retrieved 6 November 2021 The killing of 13 civilians in a month most of them non locals is the highest death toll in the last two years and the fourth highest since 2012 reports said Ceasefire violations in J amp K killed 31 civilians 39 security personnel since abrogation of Article 370 Centre tells LS India News Firstpost PTI 16 March 2021 Retrieved 17 October 2021 Wani Ayjaz 28 January 2020 Life in Kashmir after Article 370 Observer Research Foundation ORF Retrieved 18 October 2021 Philip Snehesh Alex 30 December 2019 Intel data says 55 terrorists sneaked into J amp K since 5 August but Army doesn t think so ThePrint Retrieved 18 October 2021 Mir Hilal 31 December 2020 Kashmir 225 militants 60 security men killed in 2020 Anadolu Agency Retrieved 17 October 2021 Human Rights Report Shows Worrying Trends in Post Lockdown Kashmir TheQuint 14 February 2021 Retrieved 17 October 2021 a b Forum for Human Rights in Jammu and Kashmir 23 July 2020 Jammu and Kashmir The Impact of Lockdowns on Human Rights August 2019 July 2020 pages 72 Retrieved on 17 October 2021 Creative Commons Attribution NonCommercial NoDerivatives 4 0 International License CC BY NC ND 4 0 via indianculturalforum in Human rights violations continue in J amp K says forum led by former SC judge Madan Lokur Scroll in 15 February 2021 Retrieved 17 October 2021 Forum for Human Rights in Jammu and Kashmir 15 February 2021 Human rights in Jammu and Kashmir pages 67 Retrieved on 17 October 2021 Creative Commons Attribution NonCommercial NoDerivatives 4 0 International License CC BY NC ND 4 0 via indianculturalforum in Two Years After Article 370 Read Down Rights Violations Continue J amp K Rights Forum The Wire 5 August 2021 Retrieved 17 October 2021 Forum for Human Rights in Jammu and Kashmir 4 August 2021 Two years of lockdown Human rights in Jammu and Kashmir 2021 pages 78 Creative Commons Attribution NonCommercial NoDerivatives 4 0 International License CC BY NC ND 4 0 Retrieved on 17 October 2021 via indianculturalforum in Forum for Human Rights in Jammu and Kashmir 4 August 2021 Two years of lockdown Human rights in Jammu and Kashmir 2021 pages viii ix Creative Commons Attribution NonCommercial NoDerivatives 4 0 International License CC BY NC ND 4 0 Retrieved on 17 October 2021 via indianculturalforum in Bansal Rahul Punia Muskan Human Rights in Kashmir Violated or Restored PDF International Journal of Policy Sciences and Law 1 2 741 they note that the land of Kashmir has witnessed over 30 years of terrorism and ethnic cleansing They say that the concerns of public order and public safety remain paramount Outrage over right wing Euro MPs Kashmir visit BBC News 30 October 2019 Retrieved 18 October 2021 Bagchi Indrani 29 October 2019 Government allows 27 European lawmakers to visit Kashmir The Times of India Retrieved 17 October 2021 Mir Ehsan Rezaul H Laskar 18 February 2021 24 diplomats visit J amp K in third delegation since Article 370 move Hindustan Times Retrieved 17 October 2021 48th session of the Human Rights Council ohchr org 13 September 2021 Retrieved 4 November 2021 Year End Review 2020 Ministry of Home Affairs Press Information Bureau Government of India 7 January 2021 Archived from the original on 7 January 2021 Retrieved 23 August 2021 Orders were notified for adaptation of 48 Central Laws and 167 State Laws in respect of UT of J amp K Orders relating to adaptation of 44 Central Laws and 148 State Laws in UT of Ladakhwere also notified a b c d e f g h Writ Petition Civil No 1048 of 2019 Supreme Court of India via Livelaw in Archived on 11 November 2020 Awasthi Prashasti 20 March 2020 Centre orders Adaptation of Central Laws in J amp K Here s a complete list of 37 central laws to be implemented The Hindu Business Line Retrieved 23 August 2021 Order S O 1229 E PDF Ministry of Home Affairs Department of Jammu Kashmir and Ladakh Affairs New Delhi The Gazette Of India Extraordinary 2020 Archived from the original PDF on 17 June 2020 a href Template Cite book html title Template Cite book cite book a CS1 maint others link a b ANI 1 April 2020 MHA orders adaptation of state laws of J K jobs to be reserved for domicile Business Standard India Retrieved 29 October 2020 Jammu and Kashmir Reorganisation Adaptation of State Laws Order 2020 pib gov in 1 April 2020 Archived PDF from the original on 17 June 2020 Retrieved 27 October 2020 Tripathi Rahul 4 April 2020 Centre notifies amendments to the act providing domicile reservation for govt jobs in Jammu amp Kashmir The Economic Times Retrieved 4 May 2020 Wani Riyaz 7 April 2020 India s new domicile law for Jammu amp Kashmir is making residents anxious Quartz India Retrieved 4 May 2020 Rashid Hakeem Irfan 1 April 2020 Central government defines domicile for J amp K those who have lived in UT for 15 yrs registered migrants amp students The Economic Times Retrieved 4 May 2020 Ashiq Peerzada 1 April 2020 Kashmir parties oppose Centre s new domicile law The Hindu ISSN 0971 751X Retrieved 4 May 2020 Singh Vijaita 4 April 2020 Union Home Ministry modifies Jammu amp Kashmir domicile order offers protection to all government posts The Hindu ISSN 0971 751X Retrieved 4 May 2020 Cabinet approves issuance of the Jammu amp Kashmir Reorganisation Adaptation of State Laws Second Order 2020 in relation of Jammu amp Kashmir Civil Services Decentralisation and Recruitment Act pib gov in Press Information Bureau Government of India Cabinet 20 May 2020 Retrieved 16 August 2021 a href Template Cite web html title Template Cite web cite web a CS1 maint others link Jammu and Kashmir domicile rules Centre trying to change demography of UT claim politcial parties The New Indian Express PTI 19 May 2020 Retrieved 20 May 2020 a href Template Cite web html title Template Cite web cite web a CS1 maint others link Law on domicile conditions for J amp K jobs gets Cabinet nod The Indian Express 21 May 2020 Retrieved 16 August 2021 a b Lateef Samaan 26 June 2020 IAS officer among 25 000 people granted domicile certificates in J K Tribune India Retrieved 18 October 2021 Shah Khalid Iyer Prithvi 30 June 2020 Decoding the new domicile law of Jammu and Kashmir Observer Research Foundation Retrieved 18 October 2021 Full text of document on govt s rationale behind removal of special status to J amp K The Hindu 5 August 2019 ISSN 0971 751X Retrieved 19 October 2021 Valmikis Dalits were brought to J amp K in 1957 From that time the present and future generations were compelled to become sweeper There were West Pakistan Refugees and Gorkhas they were not entitled to property rights employment in state government participation in elections and other social benefits Women in J amp K were not allowed to choose her life partner outside the state a b Wilson Erika K 10 May 2021 From Domicile to Dominion India s Settler Colonial Agenda in Kashmir Harvard Law Review Retrieved 18 October 2021 Osuri Goldie 22 August 2019 Kashmiris are living a long nightmare of Indian colonialism The Conversation Retrieved 20 October 2021 Wani Maknoon 1 September 2020 Kashmir and the rise of settler colonialism Himal Southasian Retrieved 18 October 2021 J amp K Domicile Rules Notification is the dawn of a new era for Jammu amp Kashmir says Union Minister Dr Jitendra Singh pib gov in Press Information Bureau Government of India Ministry of Personnel Public Grievances amp Pensions 19 May 2020 Retrieved 18 October 2021 a href Template Cite web html title Template Cite web cite web a CS1 maint others link Khajuria Sanjay 21 July 2021 BJP welcomes domicile grant to J amp K women married outside The Times of India Retrieved 18 October 2021 Sharma Arun 22 July 2021 Non native spouses of J amp K women can now get domicile certificate The Indian Express Retrieved 18 October 2021 Centre notifies new laws allowing anyone to buy land in J amp K Ladakh Scroll in 27 October 2020 Retrieved 27 October 2020 Centre notifies new laws allowing any Indian citizen to buy land in Jammu and Kashmir Ladakh Firstpost 27 October 2020 Retrieved 27 October 2020 a b Chauhan Neeraj Hussain Ashiq 10 August 2021 Two from outside bought property in J amp K since 2019 Centre tells LS Hindustan Times Retrieved 12 August 2021 a b Govt introduces Jammu and Kashmir Reorganisation Amendment Bill 2021 in LS The Times of India PTI 13 February 2021 Retrieved 16 August 2021 Parliament approves J K reorganisation amendment bill Hindustan Times PTI 13 February 2021 Retrieved 16 August 2021 Further reading EditVerma Maansi 1 November 2019 The Case of the Jammu and Kashmir Reorganisation Bill vol 54 Economic and Political Weekly MHA corrects 64 errors in adaptation of state laws orders in JK ETV Bharat 4 July 2021 Seth Shivangi 22 January 2020 Kashmiri Pandits and J amp K Reorganisation Institute of Peace and Conflict Studies Deva Zaid 3 May 2020 Basic without structure the Presidential Order of 1954 and the Indo Jammu amp Kashmir constitutional relationship Indian Law Review Taylor and Francis Online 4 2 163 198 doi 10 1080 24730580 2020 1791520 ISSN 2473 0580 S2CID 221521110 Amin Muhammad Mutahhar 26 January 2021 Response to Zaid Deva s Article Basic without Structure the Presidential Order of 1954 and the Indo Jammu amp Kashmir Constitutional Relationship Law and Other Things Retrieved 16 October 2021 Modi Addresses Nation Jammu and Kashmir Will Now See Economic Development and Integration The Wire 8 August 2019 Retrieved 18 October 2021 Iyer P Vaidyanathan 15 December 2020 Manoj Sinha Interview Where is the contradiction between DDC and Assembly elections The Indian Express Retrieved 18 October 2021 External links EditFull text of the Jammu and Kashmir Reorganisation Act 2019 via Gazette of India Alphabetical Index of Central Acts extended by J amp K Reorganisation Act 2019 via Jammu and Kashmir High Court Orders Issued Under the Constitution of India Part 1 via Legislative Department Ministry of Law and Justice Government of India Full text of the Jammu and Kashmir Reorganisation Adaptation of State Laws Order 2020 via Gazette of India Retrieved from https en wikipedia org w index php title Jammu and Kashmir Reorganisation Act 2019 amp oldid 1179586185, wikipedia, wiki, book, books, library,

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