QUES . 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. Answer in 150 words.10 marks. UPSC MAINS 2025 GS PAPER 2
HINTS:
Jammu and Kashmir Reorganisation Act, 2019 was passed in August, 2019 and it divided the state of Jammu and Kashmir into two union territories: Jammu & Kashmir and Ladakh. The Union Territory of Jammu and Kashmir has a legislative assembly, whereas the Union Territory of Ladakh does not, and is controlled exclusively by the Lieutenant Governor.
Nature of Jammu and Kashmir Legislative Assembly
Union Territory with legislature:
Section 13 of the 2019 Act states that Article 239A of the Constitution (“Creation of local Legislatures or Council of Ministers or both for certain Union territories”), which provides for the administration of the UT of Puducherry, shall also apply to the UT of Jammu and Kashmir.
Thus, now Jammu and Kashmir Legislative Assembly functions not under state provisions of Part VI of the Constitution, rather it functions under Article 239A, similar to Puducherry.
Reduced autonomy:
Earlier Jammu and Kashmir Legislative Assembly had far more powers because the erstwhile state of Jammu and Kashmir had its own Constitution, separate penal code, and special status. But now the UT of Jammu and Kashmir is governed directly under the Constitution of India thus limiting autonomy.
Unicameral Legislature:
The Legislative Council of the erstwhile state of Jammu and Kashmir was abolished by the Jammu and Kashmir Reorganization Act, 2019. The UT of J&K now has a Legislative Assembly with seats increased from 107 to 114 including nominated members.
Governor replaced by Lt. Governor (LG):
The LG acts as the constitutional head, but with greater discretionary powers compared to a state Governor. The Council of Ministers is collectively responsible to the Assembly, but subject to LG’s overriding authority in reserved matters.
Parliamentary Supremacy:
Parliament retains overriding powers on all matters of J&K. Also the residual legislative powers rest with Parliament, not the Assembly, under the new arrangement.
Powers and Functions of Jammu and Kashmir Legislative Assembly
Legislative powers:
Can legislate on subjects in the State List and Concurrent List but public order and police remain with the Centre similar to Delhi. Moreover, Union Parliament retains overriding power, and can legislate on any subject for J&K.
Financial powers:
Assembly passes the budget and authorises expenditure thus no tax or expenditure can be incurred without its approval. Assembly also controls the Consolidated Fund of J&K.
Control over executive:
The Council of Ministers, headed by a Chief Minister, is responsible to the Assembly. It can be removed by a no-confidence motion.
Representative Functions:
Jammu and Kashmir Legislative Assembly represents the voice of people of J&K in governance process. It is a forum for deliberation on socio-economic issues and developmental policies. The assembly is also a platform for redressal of regional grievances.
Electoral Functions:
Elected members of Jammu and Kashmir Legislative Assembly form part of the electoral college for the President of India. They also elect Rajya Sabha members from Jammu and Kashmir.
Conclusion:
Thus, it can be said that, although Jammu and Kashmir Legislative Assembly operates with democratic representation but now it has significantly reduced autonomy. The effectiveness of the Assembly will depend on balancing democratic space for local governance with national security and integration concerns.
