(1) There shall be an Administrator appointed under article 239 of the Constitution of
India for the Union territory of Jammu and Kashmir and shall be designated as Lieutenant Governor of
the said Union territory.
(2) There shall be a Legislative Assembly for the Union territory of Jammu and Kashmir.
(3) The total number of seats in the Legislative Assembly of the Union territory of Jammu and Kashmir to be filled by persons chosen by direct election shall be 107.
1 [Provided that subject to the provisions of sub-section (1) of section 60, on and from the date of commencement of the Jammu and Kashmir Reorganisation (Amendment) Act, 2023, the provisions of this sub-section shall have effect as if for the figures "107", the figures "114" had been substituted.] (4) Notwithstanding anything contained in sub-section (3), until the area of the Union territory of Jammu and Kashmir under the occupation of Pakistan ceases to be so occupied and the people residing in that area elect their representatives--
(a) twenty four seats in the Legislative Assembly of Union territory of Jammu and Kashmir shall remain vacant and shall not be taken into account for reckoning the total membership of the Assembly; and
(b) the said area and seats shall be excluded in delimiting the territorial constituencies as provided under PART V of this Act.
(5) On and from the appointed day, the Delimitation of Assembly Constituencies Order, 1995, as applicable to Union territory of Jammu and Kashmir, shall stand amended as directed in the Third Schedule of this Act.
(6) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in the Legislative Assembly of the Union territory of Jammu and Kashmir.
(7) The number of seats reserved for the Scheduled Castes and the Scheduled Tribes in the Legislative Assembly of the Union territory of Jammu and Kashmir under sub-section (6) shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the Union territory of Jammu and Kashmir or of the Scheduled Tribes in the Union territory of Jammu and Kashmir, in respect of which seats are so reserved, bears to the total population of the Union territory of Jammu and Kashmir.
Explanation:-- In this sub-section, the expression population means the population as ascertained at the last preceding census of which the relevant figures have been published:
Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 2011 census.
(8) Notwithstanding anything in sub-section (6), the reservation of seats for the Scheduled Castes or Scheduled Tribes in the Legislative Assembly of the Union territory of Jammu and Kashmir shall cease to have effect on the same date on which the reservation of seats for the Scheduled Castes or the Scheduled Tribes in the House of the People shall cease to have effect under article 334 of the Constitution of India.
(9) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), under the heading :"---I. THE STATES:---
"(a) entry 10 shall be deleted".
"(b) entries 11 to 29 shall be renumbered as 10 to 28".
2 [ (10) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), under the sub-heading "II. UNION TERRITORIES", against serial number 3 relating to "Jammu and Kashmir", for the entries under columns 2 to 7, the following entries shall respectively be substituted, namely:--
12 34 567 "
3. Jammu and Kashmir90799079....". ].
(11) The provisions of articles 324 to 327 and 329 of the Constitution of India, shall apply in relation to the Union territory of Jammu and Kashmir, the Legislative Assembly and the members thereof as they apply, in relation to a State, the Legislative Assembly of a State and the members thereof respectively; and any reference in articles 326 and 329 to "appropriate Legislature" shall be deemed to be a reference to Parliament.
(2) There shall be a Legislative Assembly for the Union territory of Jammu and Kashmir.
(3) The total number of seats in the Legislative Assembly of the Union territory of Jammu and Kashmir to be filled by persons chosen by direct election shall be 107.
1 [Provided that subject to the provisions of sub-section (1) of section 60, on and from the date of commencement of the Jammu and Kashmir Reorganisation (Amendment) Act, 2023, the provisions of this sub-section shall have effect as if for the figures "107", the figures "114" had been substituted.] (4) Notwithstanding anything contained in sub-section (3), until the area of the Union territory of Jammu and Kashmir under the occupation of Pakistan ceases to be so occupied and the people residing in that area elect their representatives--
(a) twenty four seats in the Legislative Assembly of Union territory of Jammu and Kashmir shall remain vacant and shall not be taken into account for reckoning the total membership of the Assembly; and
(b) the said area and seats shall be excluded in delimiting the territorial constituencies as provided under PART V of this Act.
(5) On and from the appointed day, the Delimitation of Assembly Constituencies Order, 1995, as applicable to Union territory of Jammu and Kashmir, shall stand amended as directed in the Third Schedule of this Act.
(6) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in the Legislative Assembly of the Union territory of Jammu and Kashmir.
(7) The number of seats reserved for the Scheduled Castes and the Scheduled Tribes in the Legislative Assembly of the Union territory of Jammu and Kashmir under sub-section (6) shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the Union territory of Jammu and Kashmir or of the Scheduled Tribes in the Union territory of Jammu and Kashmir, in respect of which seats are so reserved, bears to the total population of the Union territory of Jammu and Kashmir.
Explanation:-- In this sub-section, the expression population means the population as ascertained at the last preceding census of which the relevant figures have been published:
Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 2011 census.
(8) Notwithstanding anything in sub-section (6), the reservation of seats for the Scheduled Castes or Scheduled Tribes in the Legislative Assembly of the Union territory of Jammu and Kashmir shall cease to have effect on the same date on which the reservation of seats for the Scheduled Castes or the Scheduled Tribes in the House of the People shall cease to have effect under article 334 of the Constitution of India.
(9) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), under the heading :"---I. THE STATES:---
"(a) entry 10 shall be deleted".
"(b) entries 11 to 29 shall be renumbered as 10 to 28".
2 [ (10) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), under the sub-heading "II. UNION TERRITORIES", against serial number 3 relating to "Jammu and Kashmir", for the entries under columns 2 to 7, the following entries shall respectively be substituted, namely:--
12 34 567 "
3. Jammu and Kashmir90799079....". ].
(11) The provisions of articles 324 to 327 and 329 of the Constitution of India, shall apply in relation to the Union territory of Jammu and Kashmir, the Legislative Assembly and the members thereof as they apply, in relation to a State, the Legislative Assembly of a State and the members thereof respectively; and any reference in articles 326 and 329 to "appropriate Legislature" shall be deemed to be a reference to Parliament.
1. Ins. by Act 35 of 2023, s. 2 (w.e.f. 26-12-2023).
2. Subs. by s. 2, ibid., for sub-section (10) (w.e.f. 26-12-2023).