Q. 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.
UPSC Mains 2025 GS2 Paper
Model Answer:
The J&K Reorganization Act, 2019 transformed Jammu and Kashmir into a Union Territory (UT) with a legislature, functioning under the Article 239A model (similar to Puducherry).
1. Nature of the Post-2019 Legislative Assembly
- Unicameral Structure: Transitioned from a bicameral legislature to a strictly unicameral Assembly (Legislative Council abolished).
- Reduced Autonomy: Functions without Article 370’s special status, heavily subordinate to Union oversight.
- Statutory Devolution: Governed by the 2019 Act’s statutory provisions rather than explicit constitutional entrenchment (unlike Delhi’s Article 239AA).
- Delimited Representation: Reorganized to 114 seats (including 24 reserved for PoJK), enhancing representation for STs and specific regions.
2. Powers, Functions, and Limitations
- Legislative Domain: Empowered to legislate on subjects in the State and Concurrent Lists (Section 32 of the 2019 Act).
- Explicit Exclusions: Strictly barred from legislating on ‘Public Order’ and ‘Police’ (retained by the Centre).
- Executive Oversight: A Council of Ministers (capped at 10% of Assembly strength) is formed to aid and advise the Lieutenant Governor (LG).
- Overriding Discretion: The LG holds expansive veto powers and direct administrative control over All-India Services and the Anti-Corruption Bureau.
- Parliamentary Supremacy: Parliament retains concurrent legislative jurisdiction; Union laws definitively override Assembly laws in any repugnancy.
Though structurally constrained and possessing reduced legislative competence compared to its former Statehood, the Assembly remains a crucial institutional mechanism for ensuring localized democratic representation and grassroots governance.
