NEW DEVELOPMENT

According to the Economic Times report-The Union Home Ministry extended the recently passed central laws by Parliament to Jammu and Kashmir and modified the existing state laws by substituting “state of J&K” with the “UT of J&K.” Earlier, the laws passed by Parliament were applicable in the state only after the state government gave its concurrence due to its special status and separate Constitution. Recently, J&K’s special status was lifted and the state was divided into two UTs.

Among the Acts that have been made applicable are –

1. Ban on Ponzi schemes
2. Laws for building and construction workers, industrial dispute and contract labour.
3. Similarly, the local laws governing municipal bodies, state education board and state transport authority have been amended to substitute “legislative assembly of J&K” in place of “state legislature.”
4. All provisions of the Ranbir Penal Code (RPC) have been replaced with the Indian Penal Code (IPC) in Acts passed by the earlier state government.

The J&K Reorganisation Act, 2019, had extended 113 central laws, including Muslim Women Protection of Rights Act, 1986, RTI Act, PC Act, Aadhaar Act, Enemy Property Act, Evidence Act, Special Marriage Act, Delimitation Act, Dissolution of Muslim Marriage Act, among others. The total number of laws which were repealed in J&K state is 165. They were exclusively framed for the state of Jammu and Kashmir. The principle among them is Ranbir Penal Code, 1989, first enacted in 1932.

Jammu & Kashmir Reorganisation Act, 2019

Apart from IPC and Criminal Procedure Code (CrPC), the Centre in April extended Insolvency and Bankruptcy Code.

Article 370 of the Constitution of India is described as a “temporary provision” that grants the state of Jammu and Kashmir a special autonomous status within the Indian union.

Under Article 370(1)(b), the Union Parliament can only make laws for the state, “in consultation with the Government of the State,” on certain matters that were specified in the Instrument of Accession – namely defence, foreign affairs, and communications. Other matters in the legislative subject lists can apply to Jammu and Kashmir only with the “concurrence of the Government of the State” through a presidential order.

Article 370(1)(d) stipulates that other constitutional provisions may be applied to the state from time to time, “subject to such modifications or exceptions” made by the President of India, also through a presidential order, as long as they do not fall within the matters referred to above and except with the concurrence of the state government.

MINISTRY OF HOME AFFAIRS NOTIFIES THE UNION TERRITORY OF JAMMU & KASHMIR REORGANISATION (ADAPTATION OF CENTRAL LAWS) THIRD ORDER, 2020

According to the news published in the Business World- The Centre has repealed or substituted 26 state laws. In the third order, the Ministry of Home Affairs has repealed 12 state laws as a whole and others out of 26 adapted with changes or substitutes.

Laws which are repeal as a whole include:

1. The Jammu and Kashmir Alienation of Land Act
2. Jammu and Kashmir Big Landed Estates Abolition Act
3. Jammu and Kashmir Common Lands (Regulation) Act 1956
4. Jammu and Kashmir Consolidation of Holdings Act 1962
5. Jammu and Kashmir Right of Prior Purchase Act
6. Jammu and Kashmir Utilization of Lands Act.

In the Order, MHA stated, in the exercise of the powers conferred by section 96 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), and of all other powers enabling it in that behalf, the Central Government hereby makes the following Order in respect of the Union territory of Jammu and Kashmir, namely–This Order may be called the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020.

It shall come into force with immediate effect.

The General Clauses Act, 1897 applies for the interpretation of this Order as it applies for the interpretation of laws in force in the territory of India, MHA stated.

With immediate effect, the Acts mentioned in the Schedule to this Order shall, until repealed or amended by a competent Legislature or other competent authority, have the effect, subject to the adaptations and modifications directed by the Schedule to this Order, or if it is so directed, shall stand repealed.

“Where this Order requires that in any specified section or other portion of an Act, certain words shall be substituted for certain other words, or certain words shall be omitted, such substitution or omission, as the case may be, shall, except where it is otherwise expressly provided, be made wherever the words referred to occur in that section or portion,” MHA stated.

“The provisions of this Order which adapt or modify any law so as to alter the manner in which, the authority by which or the law under or in accordance with which, any powers are exercisable, shall not render invalid any notification, order, commitment, attachment, bye-law, rule or regulation duly made or issued, or anything duly done before the 31st day of October 2019; and any such notification, order commitment, attachment, bye-law, rule, regulation or anything may be revoked, varied or undone in the like manner, to the like extent and in the like circumstances as if it had been made, issued or done after the commencement of this Order by the competent authority and in accordance with the provisions then applicable to such case,” MHA added.