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Union Territories Jammu & Kashmir, Ladakh Come Into Existence; J&K To Be UT with Legislature
The Union Home Ministry issued a notification on reorganisation of "Jammu and Kashmir into the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh" on Wednesday midnight and announced omission of "permanent residents or hereditary state subjects".
New Delhi: Almost three months after the abrogation of Article 370 in Jammu and Kashmir which gave it special powers, the former Indian state was officially split into two union territories in a notification as the clock struck 12 on the transitioning night of Wednesday and Thursday.
This major change in the status of Jammu and Kashmir comes 72 years after the erstwhile princely state became a part of the Union of India by the instrument of accession.
Here is all you need to know:
The Union Home Ministry issued a notification on reorganisation of "Jammu and Kashmir into the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh" on Wednesday midnight and announced omission of "permanent residents or hereditary state subjects".
The references, by whatever form, of words to the "Government of Jammu and Kashmir", except where it is otherwise expressly provided, in such law or rules, shall be construed as references to "the Government of Union Territory of Jammu and Kashmir" or "the Administration of Union Territory of Ladakh, the notification stated.
The notification, dated October 30, also clarified that certain central laws and rules made there, which are applicable to the existing state of Jammu and Kashmir, would be applicable to both the union territories.
In the midnight notification, the Home Ministry said the "State Legislature including Legislative Council of the State" has been abolished and shall from now onwards be construed as "Legislative Assembly of the Union Territory of Jammu and Kashmir".
The Ministry stated that all the provisions of the constitution as amended from time to time have become applicable to the existing Jammu and Kashmir with effect from the August 5, 2019, and any notification issued or order, rule or appointment made during the period between the August 5, 2019 and October 31 are "required to be protected, as if such actions have been taken in accordance with law".
Jammu and Kashmir State Goods and Services Tax Act, 2017 has been made applicable to the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh.
However, the Union Territory of Jammu and Kashmir, being a union territory with legislature shall have its own Goods and Services Tax, Act, 2017 whereas the Union Territory of Ladakh, being a union territory without legislature shall be governed by the Union Territory Goods and Services Tax Act, 2017.
It said any person who has taken an oath or made an affirmation before holding office or position as such under the Jammu and Kashmir Constitution or other laws in force in the existing state of J-K immediately before the appointed day shall be deemed to have taken oath or affirmation under the Indian Constitution or law applicable to the two union territories, and shall continue to hold office or position as such till October 31.
President Rule in Jammu and Kashmir:
The President's rule imposed in undivided Jammu and Kashmir was on Thursday revoked following bifurcation of the state into two Union Territories.
The two UTs of Jammu and Kashmir, and Ladakh come into existence on Thursday after the central government on August 5 decided to abrogate the special status given to Jammu and Kashmir under Article 370 and create them on October 31.
"In exercise of the powers conferred by clause (2) of article 356 of the Constitution, I, Ram Nath Kovind, President of India, hereby revoke the proclamation issued by me under the said article on the 19th December, 2018 in relation to the State of Jammu and Kashmir," the official notification said.
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