GS Paper 2 10 marks · 150w 9 min Medium
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.
Subtopic: Constitution & Polity · Union Territory legislature of Jammu and Kashmir
How to structure your answer
Introduction (J&K Reorganisation Act 2019 created a UT with a legislature) → nature: UT Assembly on the Article 239A / Puducherry model → composition and term → powers and functions with the Union-reserved subjects → role of the Lieutenant Governor → Conclusion (elected government within a Union Territory framework)
Detailed model answer
209 words · target 150 words · 9 min
Nature of the Assembly
The Jammu and Kashmir Reorganisation Act, 2019 abolished the former State and created two Union Territories — J&K, with a legislature, and Ladakh, without one. The J&K Assembly is therefore not a full State legislature but a Union Territory Assembly on the pattern of Puducherry, drawing on the framework of Article 239A.
Composition and term
- The Assembly has 90 elected seats following the 2022 delimitation, with seats also reserved (kept vacant) for areas under Pakistani occupation, and provision for the Lieutenant Governor to nominate members.
- Its normal term is five years; elections in 2024 produced the first elected government since 2018.
Powers and functions
- It can legislate on matters in the State and Concurrent Lists as applicable to the UT, except 'Public Order' and 'Police', which remain with the Union through the Lieutenant Governor.
- It exercises normal legislative functions — passing laws, budgets and money bills (the latter needing the LG's recommendation) and holding the Council of Ministers accountable.
- The Lieutenant Governor retains significant powers, and on reserved subjects and matters of discretion the elected government's authority is circumscribed compared with a full State.
Conclusion
The Assembly restores representative, accountable government to J&K, but within a Union Territory structure where the Union, acting through the LG, retains control over security and public order.
What an examiner expects to see
- The J&K Reorganisation Act, 2019 split the State into two UTs — J&K (with legislature) and Ladakh (without) — effective 31 October 2019.
- The J&K Assembly is a Union Territory legislature on the Puducherry / Article 239A model, not a full State legislature.
- It has 90 elected seats after the 2022 delimitation, with seats reserved for PoK areas kept vacant and provision for LG-nominated members.
- It legislates on State and Concurrent List subjects applicable to the UT, but 'Police' and 'Public Order' are reserved to the Union via the Lieutenant Governor.
- Money bills require the Lieutenant Governor's prior recommendation; the Assembly's normal term is five years.
- The Lieutenant Governor holds substantial powers, so the elected Council of Ministers' authority is narrower than in a full State.
- The 2024 elections restored representative government after direct central rule since 2018.
Concrete cases, schemes and judgments
- Jammu and Kashmir Reorganisation Act, 2019 (effective 31 October 2019)
- 2022 Delimitation Commission raising elected seats to 90
- September-October 2024 Assembly elections — first since 2018
- Puducherry Assembly under Article 239A as the comparative model
- Reservation of seats for Pakistan-occupied Jammu and Kashmir kept vacant
Terminology to weave into the answer
Union Territory legislatureArticle 239APublic Order and Police reservedLieutenant Governordelimitation 2022Reorganisation Act 2019