New Delhi: With the scrapping of Article 370 of the Constitution on Monday, the state of J&K was bifurcated into two Union Territories i.e; Jammu and Kashmir and Ladakh. After Union Home Minister Amit Shah announced the revoking of Article 370 in Rajya Sabha, a Constitution (application to Jammu and Kashmir) Order 2019 from the President of India was published in the Gazette of India.
While J&K became a union territory (UT) with Legislature, Ladakh became a UT without Legislature.
How is a Union Territory with legislature different from that without one:
1) A union territory with a legislature will have the power to elect its own representatives. Since Jammu and Kashmir is now a union territory with its own legislature, it will enjoy this power. Ladakh, on the other hand, cannot elect representatives on its own.
2) Since Ladakh is a union territory without a legislature, it will be run as a federal territory led by a lieutenant governor. Besides, as per Article 240, the President of India has the power to make regulations for those UTs that do not have a legislature of their own.
3) In the case of Jammu and Kashmir, a UT with the legislature, the President shall not interfere in the regulations of the UT from the day the meeting of the legislature commences. However, the President will step in to make the regulations in the governance of the UT if the legislature gets dissolved. The regulation made by the president has an effect that is similar to approving a Bill passed in the Parliament.
4) With the scrapping of Article 370 as on August 5, 2019, Jammu and Kashmir and Ladakh will have separate Lieutenant Governors. Notably, union territories do not have a government of their own. Rather, they are ruled by the Central government under the administration of a lieutenant governor who is also a representative of the President of India. Currently, Satya Pal Malik is serving as the Governor of Jammu and Kashmir and Ladakh.
5) While UTs with legislatures are capable of sending representatives to both the houses of the parliament, UTs without legislatures can only send their representatives to the Lok Sabha.
6) Besides Jammu and Kashmir, the UTs that have their own legislatures are the National Capital Territory of Delhi and Puducherry. Although the UTs are capable of forming their own governments, as mentioned in the provisions under Section 3 of the Government of Union Territories Act, the powers of UTs are limited and less effective when compared to that of the state government.
Jammu and Kashmir and Ladakh will now join the list of seven union territories mentioned under Part II of the First Schedule of the Constitution of India. The seven union territories that are already in the list are Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, Lakshadweep, National Capital Territory of Delhi and Puducherry. India will now have 28 states and nine union territories.