The Centre will be in direct control of the police and thelaw and order in Jammu and Kashmir from Thursday when it becomes a UnionTerritory, while the land will be under the elected government there.Accordingto the Jammu and Kashmir Reorganisation Act, 2019, the land -- the rights in orover it -- will be with the elected government of the Union Territory (UT) ofJammu and Kashmir, unlike in Delhi where the LG exercises control through theDelhi Development Authority (DDA), a central government entity.The Act says theLegislative Assembly of the UT of Jammu and Kashmir may make laws for the wholeor any part of the union territory with respect to any of the mattersenumerated in the state list of the Constitution except the subjects mentionedin entries one and two -- 'public order' and 'police' respectively -- or theConcurrent List in the Seventh Schedule of the Constitution.
Police, and law and order in Delhi and Puducherry, both ofwhich have their own legislative assembly, is controlled by the Centre throughthe Lieutenant Governor (LG).All India Services like the Indian AdministrativeService (IAS) and the Indian Police Service (IPS), and the Anti-CorruptionBureau (ACB) will be under the control of the LG and not the elected governmentof the UT of Jammu and Kashmir.
The services and the ACB have been among the key reasons forfrequent tussle between the Arvind Kejriwal-led Delhi government and theLieutenant Governor.
The Jammu and Kashmir Reorganisation Act says mattersrelated to land, that is to say rights in or over it, land tenures, transferand alienation of agricultural land, land improvement and agricultural loanswill be under the domain of the elected government of the UT of Jammu andKashmir.Land revenue, including the assessment and collection, maintenance ofland records, survey for revenue purposes and records of rights, and alienationof revenues will also come under the purview of the elected government of UT ofJammu and Kashmir.Police, law and order, and land in the UT of Ladakh will beunder the direct control of its LG, through whom the Centre will administer thehigh-altitude region. According to the Act, Ladakh will not have a legislativeassembly.On and from the appointed day, that is October 31, when the two newUTs will come into existence, the High Court of Jammu and Kashmir shall be thecommon high court for the UTs of Jammu and Kashmir, and LadakhThe judges of thehigh court of J-K will become the judges of the common high court fromThursday.
The Act says the cadres of the IAS and IPS for the existingstate of Jammu and Kashmir, on and from the appointed day, shall continue tofunction on the existing cadres.
However in future, the all India service officers to beposted to UTs of Jammu and Kashmir or Ladakh shall be borne on the ArunachalPradesh, Goa, Mizoram and Union Territory cadre, more popularly known as UTcadre.
The total strength of the UT of Jammu and Kashmir assemblyis 107 elected MLAs, which will be enhanced to 114 after delimitation.Twenty-four seats of the Assembly will continue to remain vacant as they fallunder Pakistan-occupied Kashmir (PoK).
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