New Assembly, New Challenges: Understanding the Jammu and Kashmir Legislative Powers

As the first phase of polling for the Jammu and Kashmir Assembly approaches on Wednesday, the upcoming election marks a significant turning point for the region. This will be the first election since the constitutional changes of 2019 that altered the status of Jammu and Kashmir by abrogating Article 370. With this shift, the new Legislative Assembly will be fundamentally different from its predecessors, leading to important questions about its powers and responsibilities.

A New Legislative Framework

The Jammu and Kashmir Reorganisation Act, 2019, bifurcated the former state into two Union Territories (UTs): Jammu and Kashmir, which will have a legislature, and Ladakh, which will not. This distinction is crucial as it sets the stage for a new form of governance, with implications for the powers granted to the Jammu and Kashmir Assembly.

In this new framework, the Assembly will be responsible for legislative functions within certain limits. While it can make laws on many matters previously managed by the state, it will not have authority over public order and police, which remain under the purview of the Lieutenant Governor (LG). This shift highlights a substantial change in the relationship between the central government and the region, emphasizing the role of the LG as a key figure in administering the UT.

Legislative Powers Defined

Article 239 of the Indian Constitution governs the administration of Union Territories, asserting that they shall be managed by the President through an administrator. In the case of Jammu and Kashmir, Section 13 of the Reorganisation Act specifically extends Article 239A, which allows for the creation of local legislatures or councils of ministers, thereby confirming the Assembly’s authority to legislate on certain subjects.

However, the scope of this authority is limited. Section 32 of the Act outlines that the Legislative Assembly may legislate on matters in the State List, barring those concerning public order and police. This limitation means that the Assembly’s ability to impact key areas of governance will be restricted compared to state legislatures.

Financial Restrictions and Legislative Processes

Another important aspect of the new Assembly’s powers is outlined in Section 36 of the Reorganisation Act. This section mandates that any financial bill or amendment must receive the recommendation of the LG before being introduced or moved in the Legislative Assembly. This provision signifies that virtually every legislative decision could have financial implications, requiring oversight and approval from the LG. This could lead to a scenario where the LG has significant control over financial matters, further limiting the Assembly’s autonomy.

Historical Context and Future Implications

The changes following the abrogation of Article 370 have historical roots. Under the Instrument of Accession in 1947, Jammu and Kashmir had limited legislative powers granted to Parliament concerning only defense, foreign affairs, and communications. Over the years, as the Centre’s legislative powers expanded to cover additional subjects, the 2019 Reorganisation Act redefined the governance structure in a way that elevates the role of the LG.

As the election results unfold, the new assembly will have to navigate these restrictions while representing the aspirations of the people of Jammu and Kashmir. The future governance of this sensitive region will depend significantly on how effectively the newly elected representatives can work within the confines of their powers, especially in terms of public policy, development, and addressing the concerns of the populace.

In conclusion, while the new Jammu and Kashmir Assembly will have a legislative role, the constraints imposed by the Reorganisation Act mean that its powers will be limited compared to traditional state assemblies. The evolution of governance in Jammu and Kashmir will be closely monitored as the region adapts to these new realities.