Wednesday, February 26, 2025

indian polity book series 44

Indian Constitutional Amendments & Jammu & Kashmir

Indian Constitutional Amendments (62nd - 104th)

Amendment No. Description Year
62nd Amendment Extended reservation for SCs, STs & Anglo-Indians in Parliament & State Legislatures for another 10 years. 1989
63rd Amendment Ensured that in Punjab, during emergency, personal liberty and the right to life are not suspended. 1989
64th Amendment Extended President's rule in Punjab for another six months. 1990
65th Amendment Conferred constitutional status to the National Commission for SCs and STs. 1990
66th Amendment Added 55 laws enacted by states related to land reforms to the 9th Schedule. 1990
67th Amendment Extended President's rule in Punjab for 4 years. 1990
68th Amendment Extended President's rule in Punjab for 5 years. 1991
69th Amendment Declared Delhi Union Territory as National Capital Territory of Delhi. 1991
70th Amendment Provided for participation of elected members of Delhi & Puducherry Legislative Assemblies in Presidential elections. 1992
71st Amendment Added Nepali, Konkani, Manipuri languages to the 8th Schedule. Number of languages in 8th Schedule increased to 18. 1992
72nd Amendment Reservations for Scheduled Tribes in the Tripura State Legislative Assembly. 1992
73rd Amendment Constitutional status to Panchayati Raj system, implemented on 24-4-1993. 1992
74th Amendment Constitutional status to Municipalities, implemented on 1-6-1993. 1993
75th Amendment Establishment of Administrative Tribunals for resolving disputes related to house owners and tenants. 1993
76th Amendment Included Tamil Nadu government's reservations for certain classes in the 9th Schedule. 1994
77th Amendment Reservations in promotions for SCs and STs. 1995
78th Amendment Added land reforms from various states to the 9th Schedule. 1995
79th Amendment Extended reservation for SCs, STs, and Anglo-Indians in Parliament and State Legislatures for another 10 years. 1999
80th Amendment Based on the recommendations of the 10th Finance Commission, 29% of central tax revenue to be distributed to states. 2000
81st Amendment If vacancies reserved for SCs and STs are not filled in a year, they should be treated as special vacancies and filled only by those categories. 2000
82nd Amendment Relaxation of qualifying marks and other criteria for SCs and STs (in education, employment). 2000
83rd Amendment No reservations for SCs in Arunachal Pradesh Panchayats. 2000
84th Amendment 1. Reservations in promotions for SCs and STs.
2. Extended readjustment of Lok Sabha and State Legislative Assembly constituencies until 2026.
3. Readjustment based on 1991 census.
2001
85th Amendment Application of consequential seniority in reservations in promotions for SCs and STs, effective from June 17, 1995. 2002
86th Amendment 1. Made free and compulsory primary education a fundamental right for children aged 6 to 14.
2. Directive principles in Article 45 to provide early childhood care and education for children below 6 years.
3. Fundamental duty (11th) to provide primary education to children aged 6 to 14 by parents or guardians.
2002
87th Amendment For state territorial constituencies, to take 2001 census into account instead of 1991 census. 2003
88th Amendment Introduced Service Taxes. Levied by the Union, distributed between Union and States. 2003
89th Amendment Establishment of National Commission for STs. 2003
90th Amendment Special representation to Bodoland Territorial Area in Assam State Legislative Assembly. 2003
91st Amendment 1. Size of Union Council of Ministers not to exceed 15% of total members of Lok Sabha.
2. Size of State Council of Ministers not to exceed 15% of total members of State Legislative Assembly.
3. Minimum number of ministers not to be less than 12.
4. Disqualified members on defection cannot hold any public office for 2 years.
5. Split as an exception to anti-defection law removed.
2003
92nd Amendment Added Bodo, Dogri, Maithili, Santali languages to the 8th Schedule. Number of languages in 8th Schedule became 22. 2003
93rd Amendment Provision for admission of socially and educationally backward classes to educational institutions. 2005
94th Amendment 1. Removed the mandatory provision for a Minister in Bihar government in charge of Scheduled Tribe welfare.
2. Made it mandatory for Jharkhand, Chhattisgarh, Madhya Pradesh, Odisha.
2006
95th Amendment Extended reservation for SCs, STs and Anglo-Indians in Parliament and State Legislatures for another 10 years, up to 2020. 2009
96th Amendment Changed Oriya language to Odia. 2011
97th Amendment Constitutional status for Cooperative Societies. 2011
98th Amendment Special provisions for Hyderabad-Karnataka region, responsibility of Karnataka Governor. 2012
99th Amendment Establishment of National Judicial Appointments Commission (NJAC). Supreme Court declared NJAC invalid in 2015. 2014
100th Amendment Under Indo-Bangladesh agreement, transfer of territories (India to Bangladesh 2,267 acres, Bangladesh to India 2,777 acres). Special status for North-East Karnataka Article 371(J). 2015
101st Amendment Goods & Services Tax (GST). 2016
102nd Amendment Constitutional status conferred to National Commission for Backward Classes. Implemented from August 11, 2018. 2018
103rd Amendment Intended to provide 10% reservation for Economically Weaker Sections (EWS). Implemented from January 12, 2019. (124th Constitutional Amendment Bill). 2019
104th Amendment Extended reservations for SCs and STs in Lok Sabha until 2030 (January 25, 2020). Removed reservations for Anglo-Indians in Lok Sabha and State Legislative Assemblies. 2020

Jammu & Kashmir Special Status Revocation

Under Article 370 of Part 21 of the Constitution, special status was granted to the state of Jammu and Kashmir.

According to Article 1, Jammu & Kashmir is an integral part of India.

In the First Schedule, Jammu & Kashmir was listed as the 15th state.

In the original Constitution, Jammu & Kashmir was a Part-B category state.

The States Reorganisation Act, 1956 and the 7th Amendment abolished the Part-B state system, making Kashmir equal to other states in India.

However, due to the historical background and special circumstances of Jammu & Kashmir, special status was constitutionally provided under Article 370.

Before independence, Jammu & Kashmir was a princely state under British rule, governed by Maharaja Hari Singh.

On October 20, 1947, Azad Kashmir forces, with Pakistani support, invaded Jammu & Kashmir. Maharaja Hari Singh signed the Instrument of Accession, acceding Kashmir to India. By then, Pakistan had occupied 1/3 of Kashmir, known as Azad Kashmir or Pak Occupied Kashmir (POK).

  • However, this merger agreement was subject to public opinion.
  • Regarding defense, foreign affairs, and communication affairs, the Indian government would have authority.
  • The Indian government agreed to allow Jammu & Kashmir to draft its own constitution through a constituent assembly, as per the wishes of the people of that state.

Jammu & Kashmir State Special Constitution:

To draft a special constitution for Jammu & Kashmir, a special Constituent Assembly held its first meeting on October 31, 1951.

Based on the Constituent Assembly's decision, Maharaja Hari Singh relinquished his political inheritance and requested Sheikh Abdullah, President of the National Conference Party, to form an interim government.

Sheikh Abdullah became the Prime Minister and formed the government.

Maharaja Hari Singh appointed his son Karan Singh as Sadar-i-Riyasat (Head of State) through the Constituent Assembly.

Sadar-i-Riyasat was later changed to Governor.

The Jammu & Kashmir Constitution came into effect from January 26, 1957.

The Jammu & Kashmir Constitution had 158 articles, 13 sections, and 7 schedules.

Key Points:

  • The Jammu & Kashmir Constitution declared Jammu & Kashmir an integral part of the Indian Union.
  • Under Article 368 of the Indian Constitution, Parliament had no power to amend the Jammu & Kashmir State Constitution.
  • The Governor of Jammu & Kashmir was also appointed by the President of India.
  • Part 6 of the Indian Constitution did not apply to Jammu & Kashmir.
  • Jammu & Kashmir Accession Day is "October 26" (1947 October 26).

The bicameral system was in force in Jammu & Kashmir. The term of the Jammu & Kashmir State Legislative Assembly was 6 years.

According to the Jammu & Kashmir Constitution, the Governor could impose Governor's rule if there was a constitutional breakdown in the state.

The official language of Jammu & Kashmir was Urdu.

The jurisdiction of the Comptroller and Auditor General, Attorney General, Central Election Commission, and Supreme Court also applied to Jammu & Kashmir.

Parliament had no power to reorganize the territories of Jammu & Kashmir without the state's permission.

The state government had to be consulted while taking decisions related to Jammu & Kashmir.

The central government never dissolved the Jammu & Kashmir state government under Article 365 on the pretext of violating central directives.

Under Article 360, there was no power to impose financial emergency in Jammu & Kashmir.

The right to property under Article 31 remained a fundamental right in Jammu & Kashmir.

The Directive Principles in Part 4 of the Indian Constitution did not apply to Jammu & Kashmir.

The power to legislate on residual powers rested with the Jammu & Kashmir state.

Parliament's POTA, MISA-like preventive detention laws did not apply to Jammu & Kashmir.

According to Article 249, laws made by Rajya Sabha through a special resolution related to national interest applied to Jammu & Kashmir.

Article 371 provided special provisions for some states:

Article State
371 A Nagaland
371 B Assam
371 C Manipur
371 D Andhra Pradesh
371 E Central University in Andhra Pradesh
371 F Sikkim
371 G Mizoram
371 H Arunachal Pradesh
371 I Goa
371 J Karnataka

Jammu & Kashmir Reorganisation Act 2019:

According to the Jammu & Kashmir Reorganisation Act 2019, the state of Jammu & Kashmir was divided into Union Territories: Jammu & Kashmir and Ladakh.

Key Dates related to this Act (Act No 34 of 2019):

  • Rajya Sabha Approval - August 5, 2019
  • Lok Sabha Approval - August 6, 2019
  • Presidential Assent, Gazette Notification, Act Implemented - October 31, 2019

Key Points of the Act:

  1. Jammu & Kashmir state is divided into Union Territories: Jammu & Kashmir and Ladakh.
  2. Jammu & Kashmir will be a Union Territory with a Legislative Assembly, and Ladakh will be a Union Territory without a Legislative Assembly, governed by a Lieutenant Governor.
  3. Ladakh will consist of Leh and Kargil districts, and the rest will remain in Jammu & Kashmir.
  4. Out of the existing 6 Lok Sabha seats for the state, 5 are allocated to Jammu & Kashmir, and 1 to Ladakh.
  5. The High Court of Jammu & Kashmir will serve as the High Court for both Union Territories.
  6. 4 Rajya Sabha seats from Jammu & Kashmir.
  7. Governance in Jammu & Kashmir will continue under Article 239 of the Constitution.
  8. Article 239A (originally for Puducherry) applies to Jammu & Kashmir.
  9. The Jammu & Kashmir Legislative Assembly may have between 107 to 114 members. There will be a Lieutenant Governor.
  10. The term of the Jammu & Kashmir Legislative Assembly will now be 5 years.
  11. This Legislative Assembly can legislate on matters in the State List except for Public Order and Police.
  12. There will be a Chief Minister and Council of Ministers to advise the Lieutenant Governor in Jammu & Kashmir. They will be appointed by the Lieutenant Governor from the majority party in the Legislative Assembly.
  13. The Indian Constitution, Indian Flag, and Indian laws will now be applicable in Jammu & Kashmir.
  14. The Jammu & Kashmir Legislative Council is abolished.
  15. 106 Central laws applicable to Union Territories (e.g., Right to Education Act 2009) will apply to Jammu & Kashmir.
  16. Restrictions on transfer of land (lease, sale) to non-domiciles of Jammu & Kashmir are removed.
  17. Special status/autonomy of Jammu & Kashmir revoked (Article - 370(3)).
  18. The President can revoke/amend the special status of Jammu & Kashmir through a special order - 370(3).

First Prime Minister of Jammu & Kashmir - Mehr Chand Mahajan

First Chief Minister of Jammu & Kashmir - Sheikh Abdullah

Last Chief Minister of Jammu & Kashmir - Ghulam Mohammad Sadiq

Last Chief Minister of Jammu & Kashmir (before UT) - Mehbooba Mufti

M.L. Sharma challenged the revocation of Article 370 in the Supreme Court.

Current Lieutenant Governor of Jammu & Kashmir - Manoj Sinha (2nd person)

Current Lieutenant Governor of Ladakh - Radha Krishna Mathur

As per the J&K Reorganisation Act, the number of ministers in the Jammu & Kashmir Legislative Assembly is 15%.

Reservations for Minorities - 16%

Roof of the World - Ladakh

Jammu & Kashmir Demographics & Geography

  • Religious Demographics in J&K - Muslims - 66.3%, Hindus - 28.41%, Sikhs - 1.87%.
  • Largest Union Territories by Area - 1. Ladakh, 2. Jammu & Kashmir
  • Committee formed to address legal challenges arising from Article 370 revocation - Ravi Shankar Prasad Committee

New Maps Post Reorganisation:

Survey General of India released new maps of Union Territories Jammu & Kashmir and Ladakh on November 2, 2019. According to this:

  • Ladakh has Kargil and Leh districts. Leh district includes 1947 Gilgit, Gilgit Wazarat, Chilas, and Tribal Areas.
  • Remaining areas of 1947 Leh and Ladakh districts are included in Kargil district.
  • Union Territory of Jammu & Kashmir has 20 districts.
  • Pakistan Occupied Kashmir (POK) districts - Muzaffarabad, Mirpur, Poonch are included in Jammu & Kashmir.

Current Districts in Jammu & Kashmir:

  1. Kupwara
  2. Bandipora
  3. Baramulla
  4. Poonch
  5. Budgam
  6. Shopian
  7. Kulgam
  8. Kishtwar
  9. Udhampur
  10. Doda
  11. Samba
  12. Jammu
  13. Kathua
  14. Ramban
  15. Rajouri
  16. Anantnag
  17. Pulwama
  18. Srinagar
  19. Reasi
  20. Ganderbal

Capitals & LGs:

  • Jammu & Kashmir Summer Capital - Srinagar (May - October), Winter Capital - Jammu (November - April)
  • Ladakh Capitals - Leh, Kargil
  • First Lieutenant Governor of Ladakh - Radha Krishna Mathur
  • Current Lok Sabha Member of Ladakh - Jamyang Tsering Namgyal (BJP)
Source: Indian Polity Material

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