Central Laws applicable to UT of J&K

10/08/2019

Through every dark night, there's a bright day after that. So no matter how hard it get, stick your chest out, keep your head up and handle it. For the first time ever since their constitution, several important National Commissions would have jurisdiction over Jammu, Kashmir and Ladakh following President of India’s nod to the Jammu and Kashmir Reorganization Bill, 2019 whereby two Union Territories would be constituted. Moreover, Jammu and Kashmir State Accountability Commission and few others will cease to exist due to repealing of related State Laws. Under the Fifth Schedule, the reference of which has been made in the Jammu and Kashmir Reorganization Bill, 2019, 106 Central Laws would become applicable to the Union Territory of Jammu and Kashmir and Union Territory of Ladakh. As per the provisions of some of these Central Laws, vital National Commissions were constituted by the Government of India from time to time but their jurisdiction could not be extended to Jammu and Kashmir because of the special status conferred to the State under Article 370 of the Constitution of India.
With Article 370 having been abrogated through formal Presidential Order, several important National Commissions would have jurisdiction over Jammu, Kashmir and Ladakh and provide immense benefits to the inhabitants of Union Territories of Jammu and Kashmir and Ladakh. National Commission for Minorities, which was constituted to safeguard the constitutional and legal rights of minorities by way of an Act enacted by the Parliament in 1992, would have jurisdiction over both the Union Territories. National Commission for Safai Karamcharis, which was established as per the provisions of the Act enacted by the Parliament in 1993, would also have jurisdiction over Jammu, Kashmir and Ladakh. This Commission has the powers to recommend to the Central Government specific programmes of action towards elimination of inequalities in status, facilities and opportunities for Safai Karamcharis under a time-bound Action Plan. During the Governor’s Rule, the Jammu and Kashmir State Commission for Protection of Women and Child Rights Act, 2018 was enacted and even the Commission was made functional but the same now falls in the list of the State Laws and Governor’s Acts which will not be applicable in the Union Territory of Jammu and Kashmir and Union Territory of Ladakh. The Jammu and Kashmir State Accountability Commission will cease to exist as the J&K State Accountability Commission Act, 2002 is also in the list of the State Laws including Governor’s Acts which are going to be repealed in both the UTs. However, Jammu and Kashmir State Vigilance Commission and Jammu and Kashmir State Commission for Backward Classes will continue to function as the Acts whereby these Commissions came into existence don’t fall in the list of the State Laws which are going to be repealed.

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