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Critical Topics and Their Significance for the UPSC CSE Examination on October 09, 2024

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Jammu and Kashmir - Elections

For Preliminary Examination: Current events of national and international Importance

For Mains Examination: GS II - Indian Polity & Governance

Context:

The 2024 Jammu and Kashmir Assembly elections are significant for several reasons. They are especially important because this is the first election following the abrogation of Article 370 in August 2019, which led to the division of the former state into the Union Territories of Jammu & Kashmir and Ladakh.

Read about:

What is Delimitation Commission?

What is J&K Reorganisation Act 2019?

Key takeaways:

(1) The Jammu and Kashmir Reorganisation Act of 2019 established two Union Territories: Ladakh, which has no legislature, and Jammu and Kashmir, which has its own legislature. This led to amendments in the First Schedule of the Constitution, which enumerates all states and Union Territories, and in Article 3, which addresses the "Formation of new States and changes to areas, boundaries, or names of existing States." Consequently, the newly formed Jammu and Kashmir Assembly will serve as a legislative body for a Union Territory rather than a state.

(2) According to Section 13 of the 2019 Act, Article 239A of the Constitution, which pertains to the "Creation of local Legislatures or Council of Ministers for certain Union territories" and governs the administration of Puducherry, will also apply to Jammu and Kashmir.

(3) The Jammu and Kashmir Union Territory consists of 90 Assembly seats. The J&K Reorganisation Act specifies that the Lieutenant Governor of Jammu and Kashmir may nominate two members to the Legislative Assembly to ensure female representation if he believes that women are not sufficiently represented. An amendment made in July 2023 allows for three additional nominations: two from the Kashmiri migrant community, one of whom must be a woman, and one from the "displaced persons from Pakistan-occupied Jammu and Kashmir." Notably, the Jammu and Kashmir UT Assembly is modeled after the Puducherry Assembly, where three nominated members participate equally with elected MLAs and have voting rights; in Jammu and Kashmir's case, up to five members can be nominated.

(4) Regarding the powers of the Assembly, according to the 1947 Instrument of Accession, Jammu and Kashmir had joined India solely in matters related to defense, foreign affairs, and communications. Prior to the abrogation of Article 370, Parliament's legislative powers over Jammu and Kashmir were limited. However, over time, the central government's authority to legislate expanded to include various subjects in the Union List (List I of the Seventh Schedule of the Constitution).

The Reorganisation Act of 2019 introduced a new structure that significantly increased the role of the Lieutenant Governor compared to the Assembly, illustrated by two main provisions.

(i) Section 32 of the Act outlines the legislative powers of the Assembly, stating that "subject to the provisions of this Act, the Legislative Assembly may enact laws for the entire Union Territory of Jammu and Kashmir regarding matters listed in the State List, except for those related to 'Public Order' and 'Police,' as well as those in the Concurrent List of the Seventh Schedule of the Constitution of India, applicable to Union Territories." In contrast, states can legislate on Concurrent List subjects as long as such laws do not conflict with central legislation.

(ii) Section 36 addresses special provisions for financial Bills, stipulating that a Bill or amendment related to financial obligations undertaken or to be undertaken by the Union Territory's Government cannot be introduced or moved in the Legislative Assembly without the Lieutenant Governor's recommendation. This provision is significant since nearly every policy decision can result in financial commitments for the Union Territory.

(5) The 2019 Act also defines the power