Understanding the Powers of the Elected Government in Jammu & Kashmir Post-Article 370
By: Javid Amin
Since the abrogation of Article 370 in 2019, Jammu and Kashmir (J&K) has undergone a significant political transformation. The revocation of the state’s special status, combined with the Jammu and Kashmir Reorganisation Act of 2019, not only bifurcated the state into two Union Territories (UTs) but also redefined the governance structure. As the region prepares for its first Assembly elections post-reorganization, there is widespread curiosity about the scope of authority the newly elected government will hold.
The Reorganisation Act created two UTs—Jammu and Kashmir, with a legislative assembly, and Ladakh, which does not have one. This shift in status and governance structure has brought about notable changes in the distribution of powers between the elected representatives, the Lieutenant Governor (L-G), and the central government. To better understand these dynamics, let’s dive into the legislative, financial, and administrative powers of the new government and how they compare to other Union Territories in India.
The Jammu and Kashmir Reorganisation Act, 2019: A New Beginning
The Jammu and Kashmir Reorganisation Act of 2019 was a watershed moment in Indian constitutional history. It ended the state’s special constitutional status, which had been enshrined in Article 370 of the Indian Constitution, and bifurcated Jammu and Kashmir into two distinct Union Territories.
- Jammu and Kashmir: This newly formed UT retains a legislative assembly, enabling it to pass laws on certain subjects, though its autonomy is limited compared to its former status as a state.
- Ladakh: This region was carved out as a separate UT, but unlike Jammu and Kashmir, Ladakh does not have a legislative assembly and is directly governed by the central government through the L-G.
This reorganisation fundamentally altered the relationship between the region and the Indian Union, with Jammu and Kashmir now operating under a governance structure similar to that of Delhi and Puducherry, albeit with more limitations.
Powers of the Legislative Assembly in Jammu & Kashmir
One of the most pressing questions following the reorganisation is what powers the elected government in Jammu and Kashmir will possess. The new legislative assembly will have reduced powers compared to the former state assembly, with several key areas of governance reserved for the central government and the L-G.
1. Legislative Powers
The legislative assembly of Jammu and Kashmir has the authority to pass laws on subjects listed in the State List and the Concurrent List of the Indian Constitution. However, crucial subjects such as public order, police, and land are excluded from the assembly’s jurisdiction and remain under the control of the L-G.
These restrictions are significant because public order and land use are critical issues in the region. The exclusion of these subjects limits the ability of the elected government to implement policies that directly affect the daily lives of citizens.
2. Financial Powers
While the legislative assembly will have the authority to pass the annual budget and approve financial bills, major financial decisions, particularly those that involve central funding or significant expenditures, will require the approval of the L-G. This structure ensures that the central government maintains considerable influence over the financial management of the region.
3. Administrative Powers
The elected government in Jammu and Kashmir will have the ability to make administrative decisions, but these powers are subject to the overriding authority of the L-G. The L-G can veto or override decisions made by the assembly, particularly in areas deemed to be of national importance or where central government directives are involved.
The Role and Powers of the Lieutenant Governor
In the post-Article 370 era, the Lieutenant Governor plays a pivotal role in the governance of Jammu and Kashmir. The L-G, appointed by the President of India, acts as the central government’s representative in the Union Territory and holds substantial executive powers.
1. Control Over Reserved Subjects
As mentioned earlier, the L-G has control over vital areas such as public order, police, and land. These subjects are crucial for maintaining security and law and order in the region, which has been a hotspot for political and social unrest. This power allows the central government to have a direct say in how these issues are managed in Jammu and Kashmir.
2. Executive Authority
The L-G can exercise executive authority independently of the elected government. In cases where the assembly passes legislation or makes decisions that conflict with the central government’s policies, the L-G has the authority to override those decisions.
3. Coordination with the Central Government
A key function of the L-G is ensuring the implementation of central government policies. The L-G serves as the bridge between the Union Territory and the central government, making sure that national priorities are aligned with local governance. This can create friction between the elected representatives and the L-G, especially in areas where local priorities differ from national interests.
Comparing Jammu & Kashmir’s Governance Model to Other Union Territories
The governance structure of Jammu and Kashmir is often compared to that of Delhi and Puducherry, both of which have legislative assemblies but with limited powers.
1. Delhi: A More Autonomous Model
In Delhi, the legislative assembly has more autonomy than Jammu and Kashmir’s. While Delhi’s L-G also retains control over police, public order, and land, the city’s government has greater control over a wide range of subjects, particularly those related to local administration and development. Delhi’s Chief Minister, for example, wields more influence over the city’s day-to-day governance than the Chief Minister of Jammu and Kashmir is likely to have.
2. Puducherry: A Closer Comparison
The governance structure of Puducherry is more similar to that of Jammu and Kashmir. Like Jammu and Kashmir, Puducherry’s elected government has limited powers, with the L-G retaining significant authority. In both cases, the central government plays a decisive role in the administration of the Union Territory.
Implications for Governance and Autonomy in Jammu and Kashmir
The limited powers granted to the legislative assembly under the Jammu and Kashmir Reorganisation Act reflect the central government’s intent to maintain tight control over the region. While this structure is designed to ensure better coordination between the Union Territory and the central government, it also raises questions about the autonomy and effectiveness of the elected government.
Critics argue that the new governance structure undermines the democratic aspirations of the people of Jammu and Kashmir by limiting the scope of their elected representatives. The exclusion of critical subjects such as public order and land from the assembly’s purview means that many local concerns cannot be addressed directly by the elected government.
On the other hand, supporters of the reorganisation argue that it ensures greater stability and security in a region that has historically been volatile. By keeping key areas of governance under central control, the government can more effectively manage issues related to security and development, which are crucial for the region’s long-term prosperity.
The Path Forward: A New Political Landscape for Jammu & Kashmir
As Jammu and Kashmir prepares for its first assembly elections in the post-Article 370 era, the political landscape is evolving. The region’s political parties will need to navigate the new governance structure, which places significant power in the hands of the L-G and the central government. For the elected representatives, balancing local aspirations with the overarching authority of the L-G will be a key challenge.
Despite these limitations, the elections are a crucial step toward restoring democratic governance in the region. The new assembly will have the opportunity to address important issues related to development, healthcare, education, and infrastructure, all of which remain within its legislative domain. Moreover, the elections will provide the people of Jammu and Kashmir with a platform to voice their concerns and influence the region’s future trajectory.
Bottom-Line: A New Chapter in Jammu & Kashmir’s Governance
The reorganisation of Jammu and Kashmir marks a new chapter in the region’s governance. While the powers of the elected government are limited, the upcoming elections represent an important opportunity for political engagement and democratic representation. The success of this new governance structure will depend on the ability of the elected representatives, the L-G, and the central government to work together in the best interests of the people of Jammu and Kashmir.
As the region moves forward, the challenge will be to strike a balance between maintaining national security and promoting local governance. The elections will be a litmus test for how well this new structure can function in practice, and whether it can deliver on the promises of peace, development, and prosperity for the people of Jammu and Kashmir.
