Model Answer
0 min readIntroduction
The Jammu and Kashmir Reorganization Act, 2019, fundamentally altered the constitutional landscape of the erstwhile State of Jammu and Kashmir. By abrogating Article 370 and bifurcating the state into two Union Territories – Jammu and Kashmir with a legislature and Ladakh without one – the Act transformed its administrative and legislative framework. This pivotal legislation redefined the nature of governance, bringing the Union Territory of Jammu and Kashmir's Legislative Assembly under the purview of Article 239A of the Indian Constitution, similar to Puducherry, thereby establishing a modified federal arrangement with significant central oversight.
Nature of the Jammu and Kashmir Legislative Assembly after the 2019 Act
The Jammu and Kashmir Legislative Assembly, post-2019, exhibits a distinct nature compared to a full-fledged state assembly. Key characteristics include:
- Union Territory with Legislature: It functions as a legislative body for a Union Territory, not a state. This implies a greater degree of central control and the ultimate authority of the Parliament to legislate on any matter concerning the UT.
- Unicameral Structure: The Act abolished the erstwhile bicameral legislature, making the J&K Assembly a unicameral body.
- Directly Elected Members: The Assembly comprises directly elected members, currently 90 after delimitation (excluding 24 seats reserved for Pakistan-administered Kashmir), with provisions for nomination by the Lieutenant Governor for unrepresented communities, including women, Kashmiri migrants, and displaced persons from PoK. The 2024 elections saw 90 members elected.
- Limited Autonomy: While it has an elected government, its autonomy is circumscribed, particularly by the extensive powers vested in the Lieutenant Governor (LG). The real executive power, in many critical areas, rests with the Union through the LG.
- Similar to Puducherry: The administration and legislative powers are largely modelled on Article 239A, which governs Union Territories like Puducherry.
Powers and Functions of the Assembly of the Union Territory of Jammu and Kashmir
The J&K Legislative Assembly exercises legislative and financial powers, but with significant limitations:
Legislative Powers:
- Matters of State List: As per Section 32 of the J&K Reorganisation Act, 2019, the Assembly can make laws on matters enumerated in the State List, with the crucial exceptions of "Public Order" and "Police." These two subjects remain under the exclusive control of the Lieutenant Governor, who represents the Central Government.
- Concurrent List: The Assembly can also legislate on matters in the Concurrent List, but such laws would be subject to parliamentary supremacy.
- Parliamentary Authority: The Parliament retains the power to make laws for the Union Territory of Jammu and Kashmir on any matter, overriding the Assembly's legislative authority if deemed necessary.
Financial Powers:
- Budgetary Approval: The Assembly has the power to discuss and approve the annual budget of the Union Territory.
- Lieutenant Governor's Recommendation: Any Bill or amendment relating to financial obligations cannot be introduced in the Legislative Assembly without the prior recommendation of the Lieutenant Governor (Section 36 of the Act). This significantly limits the Assembly's role in fiscal matters and gives the LG substantial control over financial legislation.
- Consolidated Fund: It can establish and control the Consolidated Fund of the Union Territory.
Other Functions:
- Accountability: The Council of Ministers, headed by the Chief Minister, is collectively responsible to the Legislative Assembly.
- Deliberation: The Assembly serves as a forum for deliberation on matters of public importance concerning the Union Territory.
- Oversight: It exercises oversight over the UT's administration through questions, discussions, and committees.
The tenure of the Legislative Assembly is five years, unless dissolved sooner, and the Lieutenant Governor must summon the Assembly at least once every six months.
Conclusion
The Jammu and Kashmir Legislative Assembly, post-2019, functions as a legislature within a Union Territory, marking a significant shift from its pre-reorganization status as a state assembly. While it provides for elected representation and enables local law-making on many State List subjects, its powers are considerably circumscribed, particularly regarding "Public Order" and "Police," and are subject to the overarching authority of the Lieutenant Governor and the Union Parliament. This structure aims to balance local democratic aspirations with centralized administration, reflecting a unique federal arrangement designed for the region's specific governance needs and security considerations.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.