Q4. Discuss the nature of Jammu and Kashmir Legislative Assembly after the Jammu and Kashmir Reorganisation Act, 2019. Briefly describe the powers and functions of the Assembly of the Union Territory of Jammu and Kashmir.
Possible Introductions
Contextual:
The Jammu & Kashmir Reorganisation Act, 2019, following the abrogation of Article 370 & 35A, bifurcated the erstwhile state into two UTs — Jammu & Kashmir (with legislature) and Ladakh (without legislature).
Fact-based:
Thus, unlike its earlier status as a full-fledged state with special provisions, J&K now functions as a Union Territory with legislative assembly, akin to Delhi and Puducherry.
Philosophical:
The 2019 changes transformed J&K from a state enjoying asymmetrical federalism into a UT, altering the nature, scope, and autonomy of its legislature.
Main Body
1. Nature of the J&K Legislative Assembly after 2019
-
- UT with Legislature: J&K’s Assembly is now similar to Delhi/Puducherry under Article 239A.
- Reduced Autonomy: Earlier J&K had its own Constitution, separate penal code, and special status; now governed directly under the Indian Constitution.
- Composition: 83 elected members (increased to 90 after delimitation, 2022), plus nominated members from communities like Kashmiri migrants & displaced persons (provision introduced in Reorganisation Act).
- Governor replaced by Lt. Governor (LG): LG is the constitutional head; elected CM heads council of ministers.
- Parliamentary Supremacy: Parliament retains overriding powers on all matters of J&K.
2. Powers & Functions of the Assembly of J&K UT
(a) Legislative Powers
-
- Can legislate on State List and Concurrent List, but public order & police remain with the Centre (similar to Delhi).
- Laws require assent of LG, who can reserve bills for President’s consideration.
- Parliament retains concurrent power to legislate on all subjects.
(b) Executive Powers
-
- Council of Ministers headed by CM aids and advises LG (except on reserved subjects).
- Responsible for day-to-day governance of UT.
(c) Financial Powers
-
- Assembly passes the budget, authorises expenditure.
- However, Union government can provide financial grants & exercise control.
(d) Representative Role
-
- Voice of people of J&K in governance after years of President’s Rule.
- Forum for deliberation on socio-economic issues, developmental policies, regional grievances.
3. Key Differences from Pre-2019 Assembly
| Feature | Before 2019 | After 2019 |
|---|---|---|
| Status | Full state with special status (Art. 370) | UT with legislature |
| Constitution | Had its own (1957) | Governed |
|
Legislative Competence |
Wide powers including residuary subjects |
Limited (no police, public order) |
|
Head |
Governor |
Lieutenant Governor |
Possible Conclusion
Balanced:
The J&K Assembly today represents a limited form of popular governance, combining features of state legislature with restrictions typical of UTs.
Policy-linked:
Its effective functioning will depend on balancing popular aspirations with national security and integration concerns.
Philosophical:
The new legislative framework reflects India’s evolving federalism — shifting from asymmetry (special status) to uniformity with safeguards.
Forward-looking:
The future of J&K’s Assembly will be tested in delivering development, stability, and integration, while ensuring democratic voice to the people.
