Nature of J & K assembly

CategoryPolity

Last Updated19/09/2024

J&K Reorganisation Act of 2019 created a vastly different structure, in which the L-G, appointed by Centre, has the most important role. What powers will the new Assembly of the Union Territory of J&K have?

The upcoming Jammu and Kashmir Assembly election, the first since the abrogation of Article 370 in 2019, marks a significant shift in the region's political and constitutional landscape.

Jammu and Kashmir’s statehood was revoked by the Jammu and Kashmir Reorganisation Act, 2019. The region is now a Union Territory with its own Legislative Assembly.
Two new Union Territories were created: Ladakh, without a legislature, and Jammu and Kashmir, with a legislature.

Under Section 13 of the 2019 Act, Article 239A of the Constitution, which governs Puducherry, now also applies to Jammu and Kashmir.
Like Puducherry, Jammu and Kashmir will have a legislature, but with powers more limited compared to Indian states.

Jammu and Kashmir, like Delhi and Puducherry, will have a legislature, but the powers differ:
Delhi, governed under Article 239AA, has a unique constitutional status as the national capital, though it has faced significant friction between the Lieutenant Governor (LG) and the state government.
In Jammu and Kashmir, similar to Delhi, public order, police, and land are reserved subjects, where the LG holds control.

Under Section 32 of the Reorganisation Act, the Jammu and Kashmir Legislative Assembly can legislate on subjects in the State List, excluding Public Order and Police.
The Assembly can legislate on matters from the Concurrent List only if the laws are not contradictory to central legislation.
However, a significant check on the Assembly’s power comes from Section 36, which requires the LG’s recommendation for financial Bills, limiting the Assembly's authority over budgetary matters.

Section 53 of the 2019 Act grants the LG wide-ranging powers, including control over All India Services and the Anti-Corruption Bureau.
The LG also has the discretion to act on matters outside the Assembly's jurisdiction and in areas where discretion is explicitly allowed by law.
The LG’s decisions on whether a matter falls within their discretion are final and beyond judicial review.

The 2019 constitutional changes fundamentally restructured Jammu and Kashmir’s governance, with the LG now holding significant power. As Jammu and Kashmir prepares for its first election since the Article 370 abrogation, the new Assembly’s role will be considerably constrained compared to previous state assemblies.
The region’s governance model now more closely resembles that of a Union Territory rather than a full-fledged state.