WHAT POWERS WILL THE NEW JAMMU AND KASHMIR ASSEMBLY HAVE?

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Context:

The ongoing Jammu and Kashmir Assembly election marks the first election since the constitutional amendment in 2019.

Details

The Jammu and Kashmir Reorganisation Act 2019 divided the Jammu and Kashmir state into two Union Territories (UTs)—Jammu and Kashmir with a legislative Assembly and Ladakh without a legislative Assembly, it also modified the role and powers of the Jammu and Kashmir Assembly.

History of Jammu and Kashmir ●During the Maurya and Kushana dynasties, the region was a prominent centre of Hinduism and Buddhism. ●Shaivism gained popularity in the region during the Karkota Dynasty's rule in the 9th century. ● In 1339, Shah Mir established the Shah Mir dynasty. ●The Mughal Empire took over Kashmir in 1586. ●The Afghan Durrani Empire took control of the region in 1747 and held it until 1819. ●In 1819, the Sikh Empire led by Maharaja Ranjit Singh seized Kashmir. ●Following the First Anglo-Sikh War in 1846, the Treaty of Amritsar was signed, and Gulab Singh, Raja of Jammu, bought Kashmir from the British, establishing the Dogra dynasty. Jammu and Kashmir became princely states under British rule. The Dogra dynasty held power until India's division in 1947. ●Following a tribal attack from Pakistan, Maharaja Hari Singh signed the Instrument of Accession in 1947, consequently joining India. This triggered the first Indo-Pakistani war and the formation of the Line of Control (LoC). The United Nations stepped in and called for a cease-fire and a plebiscite to determine the region's destiny, which has yet to take place. ●Jammu and Kashmir were granted special autonomy under Article 370 of the Indian Constitution, which was repealed in August 2019.

Structure and Power of the New Assembly

According to the 2019 Reorganisation Act, the Jammu and Kashmir Assembly can legislate on subjects mentioned in the State List under the Seventh Schedule of the Constitution. However, there are significant restrictions.

• The Assembly cannot enact laws regulating "Public Order" and "Police," these are reserved for the Lieutenant Governor (L-G).
• The Assembly's powers over the Concurrent List are limited. Any law it passes must not conflict with central laws on the same subject.
• Section 36 of the Reorganisation Act requires that any financial bill or change relating to the UT's financial obligations must be introduced with the L-G's recommendation.
  • • This means that the Assembly's jurisdiction over financial issues is indirect, as the L-G has major influence over financial decisions.
    • It limits the Assembly's autonomy in budgeting and fiscal matters.

Comparison with Other Union Territories ●Delhi functions under Article 239AA with its special status. It has a more autonomous legislative structure than Jammu and Kashmir, although autonomy over police and public order remains limited. ●The legislative arrangement in Puducherry under Article 239A is similar to that in Jammu and Kashmir after reorganisation. ●Unlike Jammu and Kashmir, Ladakh lacks a legislative assembly and is directly controlled by the L-G, reflecting its unique administrative demands and governance structure.

Powers of the Lieutenant Governor (L-G)

• The Lieutenant Governor of Jammu and Kashmir has significant discretionary powers over subjects such as public order, police, and bureaucracy.
  • • For example, the L-G manages the All India Services and the Anti-Corruption Bureau will impact law enforcement and state administration.
• The L-G's discretionary decisions are final and not subject to judicial review, highlighting the L-G's fundamental role in UT governance.
• Recent administrative changes have expanded the L-G's jurisdiction, including the power to nominate the Advocate General and law officers and influence prosecution and discipline decisions.
  • • These reforms reflect a broader trend of concentrating power in the L-G's hands.

Way Forward

• The division of powers between the Assembly and the L-G may cause conflict between local governance and central control, affecting policy implementation and administrative efficiency.
• Addressing the administrative challenges is critical for implementing the full scope of the Jammu and Kashmir Reorganisation Act and the governance architecture it provides.

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Source:

Indian Express

Wikipedia

PRACTICE QUESTION Q.Critically analyze the effect of the Jammu and Kashmir Reorganisation Act 2019 on the legislative powers of the newly formed Assembly. (150 Words)