UPSC Mains — Previous Year Question
Question
Discuss the nature of Jammu and Kashmir Legislative Assembly after the Jammu and Kashmir Reorganization Act, 2019. Briefly describe the powers and functions of the Assembly of the Union Territory of Jammu and Kashmir.
Model Answer
The Jammu and Kashmir Reorganisation Act, 2019 bifurcated the erstwhile state into two Union Territories: Ladakh (without a legislature) and Jammu & Kashmir, establishing an elected Legislative Assembly under Article 239A of the Constitution.
Nature of the J&K Legislative Assembly Post-2019
- Union Territory Framework: J&K operates as a Union Territory with a legislature modeled on the Puducherry pattern (Article 239A), rather than retaining full state legislative powers.
- Assembly Composition: Total strength is 114 seats, with 24 seats kept officially vacant for areas under Pakistan’s illegal occupation. Following the Delimitation Commission’s award, 90 seats are directly elected (43 in Jammu and 47 in Kashmir).
- Inclusive Representation: Statutory reservations apply for Scheduled Castes and, for the first time, Scheduled Tribes, alongside provisions for nominated women and displaced Kashmiri migrant representatives.
- Administrator’s Primacy: Executive administration is headed by the Lieutenant Governor (LG), who acts on behalf of the President of India.
Powers of the Legislative Assembly
- Legislative Jurisdiction over State and Concurrent Lists: The Assembly can enact laws on subjects in the State List (List II) and Concurrent List (List III) of the Seventh Schedule.
- Crucial Carve-Outs (Police and Public Order): Key subjects—specifically Public Order (Entry 1) and Police (Entry 2)—remain under the administrative control of the Union Government through the LG.
- Parliamentary Primacy: Parliament retains plenary authority to legislate on any subject for the UT; in the event of inconsistency, Parliamentary enactments prevail.
- Financial Procedures: Introduction of Money Bills and financial measures requires the prior recommendation of the Lieutenant Governor.
Functions of the Legislative Assembly
- Enacting Local Legislation: Debating and passing laws on agrarian reforms, municipal services, health, education, and regional development within permissible legislative fields.
- Financial Sanction & Budgetary Oversight: Discussing and passing the annual UT budget, appropriation bills, and demands for grants, subject to the LG’s financial recommendations.
- Holding the Executive Accountable: Scrutinizing the Council of Ministers through question hours, calling attention motions, and statutory assembly committees.
- Representing Local Interests: Providing a democratic forum to articulate regional developmental priorities and represent diverse communities across Jammu and the Kashmir valley.
The J&K Assembly exercises defined local legislative powers while national security and public order stay with the Union, making constructive coordination between the elected Cabinet and the LG essential for stable governance.