Maarg Manthan · Topic 16.5

The Jammu and Kashmir Reorganisation Act, 2019

Current Affairs & Government Schemes › Recently Enacted Acts, Bills and Amendments · Topic 16.5

The Jammu and Kashmir Reorganisation Act, 2019 is an Act of Parliament, administered by the Ministry of Home Affairs, that split the State of Jammu and Kashmir into two Union Territories, Jammu and Kashmir with a legislature and Ladakh without one, with effect from 31 October 2019. It was passed by the Rajya Sabha on 5 August 2019 and the Lok Sabha on 6 August 2019 and received assent on 9 August 2019, after a Presidential Order of 5 August 2019 made all provisions of the Constitution applicable to the State and a further order made Article 370 inoperative. The Supreme Court upheld the abrogation of Article 370 on 11 December 2023 and directed that statehood be restored at the earliest.

6 min read · UPSC Prelims · Current Affairs & Government Schemes · Recently Enacted Acts, Bills and Amendments

At a Glance

Act Jammu and Kashmir Reorganisation Act, 2019
Passed Rajya Sabha 5 August, Lok Sabha 6 August 2019
Assent 9 August 2019
In force 31 October 2019
New UTs Jammu and Kashmir (with legislature), Ladakh
Verdict Supreme Court, 11 December 2023
Exam link UPSC Prelims, Current Affairs and Government Schemes: Recently Enacted Acts, Bills and Amendments

Where Does It Fit?

This topic is a major federal change that used Article 3 to turn a State into Union Territories. It follows the citizenship amendment and precedes a consumer protection law. Previous topic: Citizenship (Amendment) Act, 2019 Assent 12 December 2019 Ministry Home Affairs Cut-off date 31 December 2014 Rules notified…">The Citizenship (Amendment) Act, 2019. Next topic: The Consumer Protection Act, 2019.

What Did the 2019 Changes Do?

Step	Details
Presidential Order, 5 August 2019	The Constitution (Application to Jammu and Kashmir) Order, 2019 applied the whole Constitution to the State and, by changing the meaning of Constituent Assembly in Article 370(3), enabled the next step
Article 370 inoperative	A further order on 6 August 2019, following resolutions of Parliament, declared Article 370 inoperative, completing the removal of the special status
Article 35A	The provision on permanent residents of the State, inserted in 1954, ceased to have effect
Reorganisation Act	Made the State into two Union Territories under Article 3 and Article 4 of the Constitution
Jammu and Kashmir UT	A Union Territory with a Legislative Assembly, governed under provisions similar to Article 239A, with a Lieutenant Governor
Ladakh UT	A Union Territory without a legislature, with Leh and Kargil, headed by a Lieutenant Governor

What Has Followed in Law and Politics?

Delimitation: a Delimitation Commission under Justice Ranjana Prakash Desai in 2022 raised assembly seats in the Union Territory from 83 to 90, with six more in Jammu and one in Kashmir, and reserved nine seats for Scheduled Tribes for the first time and seven for Scheduled Castes, as reported
PoK seats: 24 seats are kept vacant for areas under Pakistan occupation, as in the original design of the State
Nominated members: the Lieutenant Governor can nominate members, including women, Kashmiri migrants and displaced persons from Pakistan-occupied areas, after the 2023 amendment, as reported
Elections: assembly elections were held in September and October 2024, the first in a decade, and a government led by Omar Abdullah took office in October 2024
Supreme Court: a Constitution Bench held on 11 December 2023 that Article 370 was a temporary provision, that J&K had no internal sovereignty and that the President’s order was valid
Statehood: the Court recorded an assurance by the Union that statehood will be restored and directed restoration at the earliest and elections by September 2024
Present position: statehood has not been restored as of late 2026, and the Assembly passed a resolution on 28 September 2026 seeking restoration, as reported
Ladakh: local groups in Leh and Kargil have demanded statehood and Sixth Schedule protection, and talks with the Centre continue, as reported

What Else Should You Remember?

Article 3: lets Parliament form new States and Union Territories and alter boundaries, after the President refers the Bill to the State legislature, whose views are not binding
President’s rule: the State was under President’s rule in 2019, so Parliament exercised the powers of the Legislature
Article 370: a temporary and transitional provision in Part XXI that gave special status to Jammu and Kashmir, with own Constitution of 1957
Instrument of Accession: signed by the ruler in October 1947
Domicile laws: new domicile rules in 2020 gave domicile to residents of 15 years and others, and opened land and jobs to a wider group, a change that is widely discussed
Laws extended: central laws on matters such as the right to education, the right to information and reservation extended to the territory
Link to citizenship: see The Citizenship (Amendment) Act, 2019 for a law passed in the same year
Criticism: critics say that statehood was removed without consent of the people and that the legislature’s views were bypassed under President’s rule
Government view: says that the changes ended separatism, improved development and brought full rights, including for women and Dalits
Way forward: restore statehood in line with the Court’s direction, secure rights and political dialogue, and address local concerns on land and jobs

Why Does It Matter for the Exam?

Dates: passed 5 and 6 August 2019; assent 9 August; in force 31 October 2019
Two UTs: Jammu and Kashmir with a legislature; Ladakh without
Articles: Article 370 inoperative; Article 35A ceased; Article 3 used for reorganisation
Verdict: 11 December 2023, Article 370 temporary; statehood to be restored
Common errors: saying both UTs have legislatures or that the Constitution of India did not apply earlier to the State at all

As an analytical point, the Act raises the question of how far Parliament can change the status of a State, and the Supreme Court has said that it can under Article 3, but that statehood should be restored. Federal trust depends on keeping that assurance.

Why Is This Topic Important?

Prelims Dates, articles and UTs are asked as facts
Mains Federalism and special status
Linkage Joins Article 3, Union Territories and security

What Came Next?

The next topic covers the consumer protection law of 2019. Next topic: The Consumer Protection Act, 2019.

Key People and Terms

Article 370 Special status provision
Article 35A Permanent resident provision
Article 3 Power to form States and UTs
Lieutenant Governor Head of the UT
Delimitation Redrawing constituencies
Statehood Status as a full State

Exam Corner

Points to Remember

In force 31 October 2019; assent 9 August 2019.
Two UTs: Jammu and Kashmir (legislature), Ladakh (none).
Supreme Court verdict: 11 December 2023.
Assembly: 90 elected seats after delimitation.
Statehood: not restored as of late 2026.

Do Not Confuse With

Article 370 and Article 35A Special status versus the permanent resident provision
Union Territory with legislature and without Jammu and Kashmir versus Ladakh
Article 3 and Article 368 Reorganisation by simple law versus a constitutional amendment

Memory Hook

Fifth August, one nine, two UTs: legislature for Jammu and Kashmir, none for Ladakh.

Mains Angle

Questions ask about federalism and the verdict. These points give a balanced frame.

Law Article 3 and 370 route
Court Temporary nature and statehood
Way forward Restoration and dialogue

A Question You May Face

An original practice question, not a past paper question.

“Examine the constitutional issues raised by the abrogation of Article 370 and the reorganisation of Jammu and Kashmir.”

How to Answer

Intro Describe the steps in 2019.
Issues Article 3, President’s rule, federalism.
Verdict Temporary, valid, statehood to be restored.
Way Restoration and rights.

GS Relevance

Prelims: date, two UTs, Article 370 and 35A, Supreme Court verdict, assembly seats. GS Paper 2: federalism, Union Territories, Article 3, special provisions; GS Paper 3: internal security.

Frequently Asked Questions

What is the Jammu and Kashmir Reorganisation Act, 2019?

It is an Act of Parliament that reorganised the State of Jammu and Kashmir into two Union Territories, Jammu and Kashmir with a legislature and Ladakh without one. It was passed on 5 and 6 August 2019, got assent on 9 August and took effect on 31 October 2019.

What happened to Article 370 in 2019?

A Presidential Order of 5 August 2019 applied the whole Constitution to the State and, after resolutions in Parliament, a further order declared Article 370 inoperative. Article 35A also ceased to have effect. The Supreme Court upheld these steps on 11 December 2023.

Which ministry administers the Act?

The Ministry of Home Affairs administers the Act and the two Union Territories, which are headed by Lieutenant Governors. Jammu and Kashmir has a Legislative Assembly and a Council of Ministers, while Ladakh is administered directly with a Lieutenant Governor and no assembly.

What did the Supreme Court decide on Article 370?

On 11 December 2023 a five-judge Constitution Bench held that Article 370 was a temporary provision, that Jammu and Kashmir had no internal sovereignty and that the President's order was valid. It recorded the Union's assurance and directed that statehood be restored at the earliest.

What is the latest status of Jammu and Kashmir statehood?

Elections were held in 2024, and a government led by Omar Abdullah took office in October 2024, but statehood has not been restored as of late 2026. The Assembly passed a resolution on 28 September 2026 seeking restoration, as reported, so the Centre's latest decision should be checked.

PYQ Practice — Statement Analysis

1 The Jammu and Kashmir Reorganisation Act came into force on 31 October 2019.

True

The date marks Sardar Patel's birth anniversary.

2 Ladakh has a Legislative Assembly.

False

It is a UT without a legislature.

3 The Supreme Court upheld the abrogation of Article 370 in December 2023.