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.

GS 2
Indian Polity
2025
10 Marks

The Jammu and Kashmir Reorganization Act, 2019 transformed the state into a Union Territory with legislature, creating a unique constitutional entity following Article 370's abrogation.This marked a fundamental change in the political and constitutional status of the region.

Nature of Jammu and Kashmir Legislative Assembly

Constitutional Status:

  • Like Puducherry, J&K’s Assembly is governed by Article 239A, while Delhi operates under a distinct Article 239AA with a more complex power-sharing framework between the LG and the government.
  • Operates under the direct supervision of the Lieutenant Governor appointed by the President
  • Follows unicameral structure, unlike the earlier bicameral system of the erstwhile state
  • Subject to Parliamentary oversight through Union Home Ministry
  • Governed by specific provisions of the Jammu and Kashmir Reorganization Act, 2019

Powers and Functions of the Assembly

Legislative Powers:

  • Authority to make laws on State List subjects except public order, police, and land revenue
  • Can legislate on Concurrent List matters subject to Parliamentary supremacy
  • Limited jurisdiction over All India Services and anti-terrorism operations
  • Power to amend existing J&K laws in conformity with Union legislation
  • Cannot override central laws on reserved subjects
Subject MatterAssembly PowersCentral Control
Education, HealthFull legislative powerPolicy guidelines
Police, Public OrderNo legislative powerComplete central control
Land RevenueLimited powerLieutenant Governor approval
Local GovernmentFull powerConstitutional framework

Financial Powers:

  • Discusses and approves annual budget with Lieutenant Governor's concurrence
  • Requires prior recommendation of Lieutenant Governor for money bills
  • Establishes Consolidated Fund for the Union Territory
  • No borrowing powers without central government approval
  • Controls expenditure through budgetary allocations (₹1.08 lakh crore in 2024-25)

Executive Functions:

  • Question Hour and discussions to ensure government accountability
  • Formation of Parliamentary committees for administrative oversight
  • Power to pass resolutions on matters of public importance
  • No confidence motions against the Council of Ministers
  • Approval of Lieutenant Governor's reports to the President

The transformed Assembly represents a hybrid federal structure, balancing regional democratic participation with enhanced central oversight, ensuring integration while maintaining local representation through institutions like District Development Councils and Panchayati Raj

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