Nature of J&K Assembly

• 18 Sep 2024

Why in News?

As the first phase of polling for the Jammu & Kashmir Assembly approaches, the Assembly will function under a new structure introduced by the J&K Reorganisation Act, 2019, which changed its constitutional setup.

Key Points

• Union Territory Structure: The Jammu & Kashmir Reorganisation Act, 2019 created two Union Territories (UTs), the UT of Ladakh without a legislature, and the UT of Jammu & Kashmir with a legislature.
  • The Assembly can legislate on matters in the State List except for "Public Order" and "Police," which remain under the Lieutenant Governor (LG's) control.
  • Article 239 states that Union Territories are administered by the President through an appointed administrator to the extent deemed necessary.
  • Section 13 of the J&K Reorganisation Act, 2019, applies Article 239A, which governs the administration of Puducherry, to the Union Territory of Jammu & Kashmir.
• Legislative Powers: Section 32 of the J&K Reorganisation Act, 2019 allows the Legislative Assembly to make laws on matters in the State List, except for "Public Order" and "Police," and the Concurrent List as applicable to Union Territories.
  • Section 36 of the J&K Reorganisation Act, 2019 requires that any Bill or amendment related to financial obligations can only be introduced in the Legislative Assembly with the recommendation of the Lieutenant Governor, limiting the Assembly's role in fiscal matters.
  • The Assembly's powers are subject to the discretion of the Lieutenant Governor (LG) in matters outside its purview or when required by law.
• Comparison with Delhi and Puducherry: Like Puducherry, J&K’s Assembly is governed by Article 239A, while Delhi operates under a distinct Article 239AA with a more complex power-sharing framework between the LG and the government.
  • In Delhi’s case, three subjects land, public order, and police are reserved for the LG.
• LG’s Authority: In addition to "Public Order" and "Police," the LG has authority over bureaucracy and the Anti-Corruption Bureau, with discretionary powers over all matters outside the Assembly’s jurisdiction.

Jammu and Kashmir Reorganisation Act, 2019

• It divided Jammu and Kashmir into 2 Union Territories of Jammu and Kashmir and Ladakh.
• It repealed Article 370, which had granted Jammu and Kashmir a unique status.
• Leh and Kargil districts were included in the Union Territory of Ladakh, while the remaining areas became part of Jammu and Kashmir.
• Five Lok Sabha seats were retained by Jammu and Kashmir, and one was transferred to Ladakh.
• Legislature: The seats in the Legislative Assembly will be reserved for tribal and scheduled caste people to keep the proportion intact of their population in the Union Territory of Jammu and Kashmir.
  • The Lt. Governors can nominate two women members for the Assembly to represent women if women are not sufficiently represented to justify equality between men and women.
  • The elected Legislative Assembly will be for 5 years, and the Lt. The Governor will summon the Assembly once every six months.
  • The Legislative Assembly has the right to pass a law for any given part of the Union Territory of J&K related to any of the matters listed in the Indian Constitutions State's List except for the "Police" and "Public Order."
  • Any matter specified in the Concurrent List will be applied to Indian Union Territories. Furthermore, Parliament will have the decision-making power to create laws for Jammu Kashmir and its Union Territory.