APPLICABILITY OF CENTRAL LAWS IN J&k AFTER ABROGATION OF ARTICLE 370
Author: Arnav Sharma, III Year of B.A.,LL.B(Hons.) From Chandigarh University.
Applicability of central laws in Jammu and Kashmir after abrogation of Article 370 . Firstly, it is important to know the background about what article 370 was so the Article 370 of Indian constitution gave the special status to state of Jammu and Kashmir which was administered from 1954 to 31 October 2019 conferring it with the power to have a separate constitution, a state flag autonomy over internal administration of the state. constitution. Article 370 was drafted in Part XXI of the Indian constitution titled "Temporary, Transitional and Special Provisions given special rights and live under separate set of laws including laws related to citizenship, ownership of property and fundamental rights. Before abrogation of article 370 the Jammu and Kashmir follows their own always there were different laws which are followed in Jammu and Kashmir for example in whole India the Indian penal code is Applicable whereas in Jammu and Kashmir RPC is applicable which is Ranbir penal code after abrogation of article all the acts made by centre are extended to the UT of Jammu and Kashmir.
As Kashmir was a issue from years that’s why government decided to make the state as union territory after abrogation government made two union territories one is Jammu & Kashmir and second is Ladakh. The both the union territories share common high court called Jammu and Kashmir and Ladakh High Court. In addition, after abrogation of article 370 the reorganisation act 2019 came in existence which was passed by the parliament enacting the division of state of Jammu and Kashmir into two union territory mainly Jammu and Kashmir and Ladakh.
After abrogation of article 370 many laws were implemented as many as 106 central laws were enacted by centre & 164 state laws were reappealed The most important among the 106 Central Laws which will become applicable to both the Union Territories are the Code of Civil Procedure, 1908; the Code of Criminal Procedure, 1973; the Indian Penal Code, 1860; the Aadhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016; the Administrative Tribunal Act, 1985; the Anand Marriage Act, 1951; the National Commission for Minority Education Institutions Act, 2005; the National Commission for Teacher Education Act, 1993; the Arbitration and Conciliation Act, 1996, the Benami Transactions (Prohibition) Act, 1988, the Commercial Courts Act, 2015; the Commission for Protection of Child’s Rights Act, 2006; the Disturbed Area (Special Courts) Act, 1976; the Dowry Prohibition Act, 1961; the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954; the Energy Conservation Act, 2001; the Enemy Property Act, 1968; the Family Courts Act, 1984; the Gram Nyalayas Act, 2009; the Hindu Succession Act, 1956; the Juvenile Justice (Care and Protection of Children) Act, 2015; the Maintenance and Welfare of Parents and Senior Citizens Act, 2007; the Muslim Personal Law (Shariat) Application Act, 1937, the Muslim Women (Protection of Rights on Divorce) Act, 1986 and the National Commission for Minorities Act, 1992.
The other important Central Laws are the National Commission for Women Act, 1990; the Prevention of Corruption Act, 1988; the Prevention of Damage to Public Property Act, 1984; the Protection of Children from Sexual Offences Act, 2012; the Prohibition of Child Marriage Act, 2007; the Protection of Human Rights Act, 1994; the Protection of Women from Domestic Violence Act, 2005 and the Right to Information Act, 2005 etc. The acts which are reappealed were Among the State Laws which are going to be repealed in the Union Territory of Jammu and Kashmir and Union Territory of Ladakh are J&K Accountability Commission Act, 2002; J&K Arya Samajist Marriages (Validation) Act, 1942; Buddhists Polyandrous Marriages Prohibition Act, 1941; Jammu and Kashmir Charitable Endowments Act, 1989; J&K Cinematograph Act, 1933; Code of Civil Procedure Samvat 1977; Code of Criminal Procedure, Samvat 1989; J&K State Commission for Women Act, 1999; J&K Consumer Protection Act, 1987; J&K Criminal Law Amendment Act, 1993; J&K Delhi Adalat’s Act,2013; J&K Displaced Persons (Permanent Settlement) Act, 1971; J&K Dissolution of Muslim Marriages Act, 1942; J&K Electricity Act, 2010; J&K State Evacuees (Administration of Property and Validation of Orders, Proceedings) Act, 1958.
The other State Laws, which are going to become thing of past, included J&K Evidence Act Samvat 1977; J&K Forest Act, Samvat 1987; J&K Juvenile Justice (Care and Protection of Children) Act, 2013; J&K Muslim Specified Wakafs and Special Properties (Management and Regulation) Act, 2004; J&K Prevention of Corruption Act, Samvat 2006; J&K Permanent Residents Certificate (Procedure) Act, 1963; J&K Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988; , State Ranbir Penal Code, Samvat 1989; J&K Right to Information Act, 2009; J&K Transfer of Property Act, 1977 and J&K Wakafs Act, 2001 etc.
The Governor’s Acts, which are not going to be applicable in the Union Territory of Jammu and Kashmir and Union Territory of Ladakh, are J&K Real Estate (Regulation and Development) Act, 2018; J&K State Commission for Protection of Women and Child Rights Act, 2018; J&K Prohibition of Benami Property Transactions Act, 2018; J&K Rights of Persons with Disabilities Act, 2018; J&K Family Courts Act, 2018; J&K Commercial Courts Act, 2018; J&K State Trust for Welfare of Persons with Autism Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 2018; J&K Single Window (Industrial Investment and Business Facilitation) Act, 2018 and J&K Drugs and Magic Remedies (Objectionable Advertisements) Act, 2018 etc.
The State Laws which shall be applicable to the Union Territory of Jammu and Kashmir and Union Territory of Ladakh with amendments are Transfer of Property Act; J&K Alienation of Land Act; the Jammu and Kashmir Big Landed Estates Abolition Act; the J&K Land Grants Act; the J&K Agrarian Reforms Act; the J&K Cooperative Societies Act and the J&K Reservation Act.
A total of 166 other State Acts including Governor’s Acts will remain in force in both the Union Territories as these laws were enacted by the State Legislature from time to time keeping in view State specific requirements and these will have importance even after bifurcation of the State.
Some Important laws which are now applicable UT of Jammu and Kashmir mentioned below: -
Civil Procedure Code (CPC): - The Civil Procedure code regulates every action in civil courts. The aim of the procedural law is to implement the substantive law. This code ensures fair justice by enforcing the rights and liabilities. This was not there before revocation of article 370 this is now extended to union territory of Jammu and Kashmir before abrogation the state has separate laws.
Code of Criminal Procedure (CrPC): - The Code of Criminal Procedure is the main legislation on procedure for administration of substantive criminal law in India. This code is now Applicable in UT of Jammu and Kashmir.
Indian Penal Code (IPC): - The Indian Penal code (IPC) is the official criminal code of India. It is comprehensive code intended to cover all substantive aspects of criminal law before abrogation the Ranbir penal code (RPC) followed in state of Jammu and Kashmir.
Arbitration and conciliation: - It is an act that regulates domestic arbitration in India. It was amended in 2015 and further amendment was passed in 2019 it extends to UT of Jammu and Kashmir. Before abrogation of article 370 the act was called the act of Jammu and Kashmir arbitration and conciliation act 1997.
Limitation Act: - The limitation act provides the time limit for different suits within, which an aggrieved person can approach the court for redress or justice. It is now extended to the Union Territory of Jammu and Kashmir Before abrogation of article 370 the state of Jammu and Kashmir has different limitation act namely Jammu and Kashmir limitation act.
After researching the topic I would like to conclude that it is essential to abrogate article 370 because this will lead Government to implement the laws freely because when article 370 was there the laws were to be passed separately In Jammu and Kashmir legislature then they are implemented I think there should one nation law system there should be no such provision in which the laws to be passed separately by states there should be only one type of the law which is applicable in whole of India previously before abrogation of article 370 any law passed by central government is not applicable to state of Jammu and Kashmir after abrogation of article 370 every law is extended to the union territory of Jammu and Kashmir. Many changes took place like new land reform came in existence like before the article was abolished only people residing in the state are allowed to buy the land but after abrogation
Article 370 the new reforms came in existence now everyone can do the investments or buy land if they fulfil certain criteria prescribed by government. As per me it is necessary to have central laws implemented as compare to separate laws of Jammu and Kashmir to maintain transparency in the system and for smooth functioning.