From UPSC perspective, the following things are important :
Prelims level: Jammu and Kashmir;
Mains level: Democratic Governance; Significance of Assembly Election;
Why in the News?
The ongoing first phase of polling for the J&K Assembly significantly marks the first assembly election since 2019’s (Article 370 abrogation), resulting in a fundamentally changed Assembly.
Structural changes made during the J&K Reorganisation Act of 2019:
- Statehood to Union Territory: The Act downgraded Jammu and Kashmir from a state to a Union Territory (UT) with a legislature, while Ladakh became a UT without a legislature.
- Abrogation of Article 370: The special status granted under Article 370 was removed, extending the Indian Constitution and laws to Jammu and Kashmir in their entirety.
Importance of Election in Jammu and Kashmir:
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Powers of the J&K Assembly:
- Legislative Powers: The J&K Legislative Assembly can make laws on subjects in the State List, except for public order and police, which are under the LG’s jurisdiction. It can also legislate on subjects in the Concurrent List, provided the laws are not repugnant to central legislation.
- Financial Bills: Any financial bill or amendment in J&K requires the prior recommendation of the LG before being introduced in the Assembly. This ensures that significant financial decisions are under the control of the central government.
Powers of the Lieutenant Governor of J&K:
- Discretionary Powers: The LG has the authority to act independently on subjects outside the Assembly’s purview, such as public order, police, bureaucracy, and the Anti-Corruption Bureau.
- Final Authority: The LG’s decisions on whether a subject falls under his discretion are final and cannot be challenged in court. This gives the LG significant control over governance in the UT.
- Appointment Powers: The LG has the power to appoint the Advocate General, law officers, and approve prosecutions, further enhancing his administrative role.
Conclusion: The structural changes in Jammu and Kashmir post-2019 have reshaped its governance, enhancing the Lieutenant Governor’s powers. Elections are essential for restoring democratic representation, ensuring regional participation, and promoting stability after the abrogation of Article 370 and state reorganization.
Mains PYQ:
Q To what extent is Article 370 of the Indian Constitution, bearing marginal note “Temporary provision with respect to the State of Jammu and Kashmir”, temporary? Discuss the future prospects of this provision in the context of Indian polity. (UPSC IAS/2016)
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