The newly formed Union Territories of Jammu and Kashmir will soon be acting under various Central laws under Concurrent list which were not applicable to the erstwhile state of Jammu and Kashmir, as it was an autonomous state with its own constitution prior to the abrogation of Article 370 and 35A.
On 5 August 2019, the Modi government revoked the special status granted under Article 370 to the state of Jammu and Kashmir that barred many Central laws to be applied to the state of Jammu and Kashmir.
The Union Cabinet approved a proposal on Wednesday for issuing orders of application and adaptation of central laws under concurrent list to Jammu and Kashmir. 37 Central laws including important acts like All India Services Act, The Census act, The Central Goods and Services Tax Act, Income Tax Act, Insolvency and Bankruptcy act, etc., which were not applicable to the state of Jammu and Kashmir will now be applied in the UT of Jammu and Kashmir.
Following 37 Central Acts will now be applicable in the union territory of Jammu and Kashmir after the decision was cleared by Union Cabinet yesterday. pic.twitter.com/9sAldfoaoJ
— ANI (@ANI) February 28, 2020
Information and Broadcasting Minister, Prakash Javadekar while briefing the reporters, termed it as an “important decision” after the reorganization of the newly formed Union Territory.
IB Minister said, “We have also decided to pass an order for an adaptation of central laws under the concurrent list. So 37 laws that were not applicable to Kashmir valley are now applicable. This will ensure that throughout the country, the laws passed under the constitution are applicable.”
An official release said that the cabinet approved the order for an adaptation of Central Acts in the Union Territory under Section 96 of the Jammu and Kashmir Reorganisation Act, 2019.
The official release said, “it is necessary to adapt the Central Laws made under the Concurrent List, with required modifications and amendments, for ensuring administrative effectiveness and smooth transition with respect to the Union territory of Jammu and Kashmir thereby removing any ambiguity in their application in line with the Constitution of India.”
The 37 central laws are given below:
- The Advocates Act, 1961.
- The All India Services Act, 1951.
- The Ancient Monuments and Archaeological Sites and Remains Act, 1958.
- The Census Act, 1948.
- The Central Goods and Services Tax Act, 2017.
- The Cinematograph Act, 1952.
- The Collection of Statistics Act, 2008.
- The Commissions of Inquiry Act, 1952.
- The Dentists Act, 1948.
- The Family Courts Act, 1984.
- The Government Securities Act, 2006.
- The High Court Judges (Salaries and Conditions of Services) Act,1954.
- The Homeopathy Central Council Act, 1973.
- The Immoral Traffic (Prevention) Act.
- The Income-Tax act, 1961.
- The Indian Medicine Central Council Act, 1970.
- The Insolvency and Bankruptcy Code, 2016.
- The Real Estate (Regulation ^Development) Act, 2016
- Th E National Co-Operative Development
- The Official Languages Act, 1963.
- The Press and Registration of Books Act, 1867.
- The Press Council Act, 1978.
- The Protection of Human Rights act, 1993.
- The Public Debt Act, 1944.
- The Railway Property (Unlawful Possession) Act, 1966
- The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
- The Textiles Committee Act, 1963.
- The Court-Fees Act, 1870
- The Indian Forest Act, 1927
- The Limitation Act, 1963
- The Prevention of Corruption Act, 1988
- The Representation of People Act, 1950
- The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
- The Arbitration and Conciliation Act, 1996
- The Code of Civil Procedure, 1908
- The Indian Penal Code, 1860
- Criminal Procedure Code, 1973
On 31 October 2019, the erstwhile state of Jammu and Kashmir was reorganised as two Union Territories, Jammu and Kashmir, and Ladakh, after Jammu and Kashmir reorganization act came into force.
The official release further said, “The Cabinet in its meeting today has approved the proposal for issuance of an order by the Central Government for adaptation and modifications of 37 such Central Laws that are made applicable to Union territory of Jammu and Kashmir in exercise of its powers conferred under Section 96 of the Jammu and Kashmir Reorganisation Act, 2019. Adaptation of above Central Acts with such modifications would ensure administrative effectiveness in the Union territory of Jammu and Kashmir and remove ambiguity in implementation of these laws in line with the Constitution of India.”
