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UPSC MainsGeneral Studies Paper IIIndian PolityPractice question

Nature and Powers of J&K Legislative Assembly

Discuss the nature of the J&K Legislative Assembly after the J&K Reorganisation Act, 2019; briefly describe its powers/functions as a UT Assembly.

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How to approach

Begin by contextualizing the creation of the J&K Union Territory Assembly under Section 13 of the J&K Reorganisation Act, 2019 and Article 239A. Detail the nature and composition of the Assembly, including unicameralism and executive strength limits. Then, delineate its legislative and financial powers, highlighting structural constraints such as exclusions of key subjects and the Lieutenant Governor's oversight. Conclude with the Supreme Court's constitutional directive regarding statehood restoration.

Model answer

334 words

Introduction

The Jammu and Kashmir Reorganisation Act, 2019 altered the constitutional status of Jammu and Kashmir by reconstituting it as a Union Territory with a legislative assembly. Governed under Section 13 of the Act through Article 239A of the Indian Constitution, the Assembly broadly follows the Puducherry governance model rather than the special framework under Article 239AA applicable to Delhi.

Nature and Composition of the Assembly

  • Unicameral Structure: The Legislative Council was abolished, converting the state legislature into a unicameral body. Post-2022 delimitation, the Assembly comprises 90 elected seats, alongside 24 seats reserved and kept vacant for Pakistan-occupied Kashmir (PoK).
  • Executive Size Limitation: Under Section 53 of the Act, the size of the Council of Ministers is strictly capped at 10% of the total number of members in the Legislative Assembly, contrasting with the 15% threshold allowed for full States under Article 164(1A).

Powers and Functions

  • Legislative Competence (Section 32): The Assembly has the authority to make laws for the entire UT or any part of it on matters enumerated in the State List (List II) and Concurrent List (List III) of the Seventh Schedule, with explicit constitutional exceptions.
  • Exclusion of Vital Subjects: The powers of the Assembly deliberately exclude "Police" (Entry 1) and "Public Order" (Entry 2) of the State List, which remain under the direct control of the Union Government via the Lieutenant Governor (LG).
  • Financial Limitations (Section 36): Money Bills and any legislation creating financial liabilities on the Consolidated Fund of the Union Territory require the prior recommendation of the LG before introduction.
  • Central and Executive Primacy: The LG retains vast discretionary powers, and under Article 239A read with parliamentary supremacy, laws enacted by Parliament override any conflicting laws passed by the UT Legislative Assembly.

Conclusion

The Assembly represents a decentralized legislative forum operating under asymmetric union oversight. In the December 2023 In Re Article 370 judgment, the Supreme Court sustained this Union Territory structure as a transitional arrangement while directing the timely restoration of full statehood to reinstate complete federal democratic governance.

Key facts to remember

definition
Article 239A of the Constitution

A constitutional provision that empowers Parliament to create by law a local legislature, a Council of Ministers, or both, for certain Union Territories, currently applied to Puducherry and Jammu & Kashmir.

scheme
Section 32, J&K Reorganisation Act, 2019

The statutory provision empowering the J&K Legislative Assembly to legislate on State and Concurrent Lists while expressly withholding legislative competence over Public Order and Police.

case study
In Re Article 370 Case (2023)

The Supreme Court constitution bench upheld the reorganisation of J&K as a temporary, transitional measure but directed the Union Government to restore statehood as soon as possible and conduct assembly elections.

Frequently asked questions

Why does the J&K Assembly have an executive cap of 10% instead of 15%?

Under Section 53 of the J&K Reorganisation Act, 2019, the Council of Ministers is restricted to 10% of the total assembly strength, aligning it with the Union Territory framework under Article 239AA and Section 44 of the GNCTD Act rather than the 15% limit granted to full states under Article 164(1A).

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