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. (150 Words)

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. (150 Words)

Background

The Jammu and Kashmir Reorganization Act, 2019 (effective 31 October 2019) reorganized the erstwhile State of J&K into two Union Territories (UTs):

o   UT of J&K (with a Legislative Assembly),

o   UT of Ladakh (without an Assembly).

Body

Nature of the Legislative Assembly

  • The UT of J&K has a legislature similar to Delhi and Puducherry, functioning under Article 239A.
  • Composition:

o   Initially, 83 seats → reorganized to 90 seats (Delimitation Commission, 2022).

o   24 seats remain vacant for areas under Pakistan-occupied Kashmir (PoK).

  • Tenure: 5 years (unlike 6 years earlier under J&K Constitution).
  • Lieutenant Governor (LG) is the administrative head, with the Assembly and Council of Ministers aiding in governance.

 

Powers and Functions

  • Legislative Powers:

o   Can make laws on State List and Concurrent List subjects, except public order and police (which remain with the Centre, like Delhi).

o   Parliament retains overriding powers.

  • Financial Powers:

o   Assembly passes the annual budget and exercises control over public expenditure.

  • Executive Powers:

o   Council of Ministers (headed by CM) is collectively responsible to the Assembly.

o   LG retains discretionary powers in specified matters (law & order, land).

  • Representative Functions:

o   Articulates aspirations of the people of J&K within the constitutional framework.

Conclusion

The J&K Legislative Assembly post-2019 represents a Union Territory model with limited autonomy, balancing democratic representation with enhanced Union control. While it empowers local governance, its restricted powers, especially in security and law & order, reflect the sensitive geopolitical context of the region.

 Note: This model Answer for Reference Purpose only

 

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