J&K STATE after abrogation of article 370 and SCHEDULE 6 of Indian constitution

Jammu and Kashmir reorganization act 2019:

The act reorganizes the state into two union territories, namely the eponymous union territory of Jammu and Kashmir, and that Union territory Ladakh. 

The former will have a legislative assembly while UT 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 exist in Jammu and Kashmir. Out of the six seats allocated to the state of Jammu and Kashmir, one will be allocated to Ladakh and five will be accorded 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.

Recently Former defence secretary R K Mathur was appointed the first Lt Governor of strategically located Ladakh. The 65-year-old bureaucrat, belonging to 1977 IAS batch, retired as chief information commissioner last year.

And Girish Chander Murmu, a senior IAS officer, was on Friday appointed the first Lt Governor of Jammu and Kashmir, six days ahead of the State becoming a union territory. Murmu, 59, an IAS officer of 1985 batch, worked as Modi’s additional principal secretary during his tenure as Gujarat chief minister.

The act provides that the administration of the Jammu and Kashmir will be as per Article 239 of the Indian constitution. Actually Article 239A, originally formulated for the union territory of Puduchery, but will also applicable to Jammu and Kashmir. 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, with a tenure of five years. 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. 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.

National Commission for Scheduled Tribes (NCST) Writes to Union Home Minister & Union Tribal Affairs Minister Conveying Its recommendation to Include Union Territory of Ladakh Under 6th Schedule of Constitution Of India.

The total tribal population in Ladakh region is more than 97%. The region is inhabited by following Scheduled Tribes, namely:

Balti, Beda, Bot, Boto, Brokpa, Drokpa, Dard, Shin, Changpa, Garra, Mon, Purigpa.

what schedule 6 actually provide?
The 6th Schedule of the Indian Constitution deals with the “Administration of northeast states.”
Purpose : there is special provision for the tribal area in northeast States ( as already exists to Assam,Meghalaya, Tripura, and Mizoram).
  • These tribal areas are to be administered as autonomous districts.
  • These autonomous districts are not outside the executive authority of the state concerned but provision is made for the creation of district councils and regional councils for the exercise of certain legislative and judicial functions.
  • Their councils are primarily representative bodies and that has got the power of law-making in certain specified fields such as management of forest other than a reserved forest, inheritance of property, marriage, and social customs, and the Government may also confer upon there councils the power to try certain suits or offenses.
  • These councils have also the power to assess and collect land revenue and to impose certain specified taxes.
  • tribal areas in these states had been constituted as autonomous districts.
  • President at any time by order may direct the formation or termination of any area under the tribal area.
  • Each autonomous district has a district council of 30 members and also contains separate regional councils.
  • Governor can appoint a commission to examine and report any matter relating to the administration of autonomous district of regions.
sources:- internet.

1 comment:

Popular Posts