Knowledge Nugget of the day: Jammu and Kashmir Elections (2025)

The National Conference-Congress alliance is set to form government in Jammu and Kashmir in what was the first Assembly election in a decade for the Union Territory. What makes this year’s Jammu and Kashmir Assembly elections special? What powers will the new Jammu and Kashmir Assembly have? Take a look at the essential concepts, terms, quotes, or phenomena every day and brush up your knowledge. Here’s your knowledge nugget for today.

Knowledge Nugget: Jammu and Kashmir Elections

Subject: Polity

Why in news?

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.

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Key Takeaways :

(1) The Jammu and Kashmir Reorganisation Act, 2019 created two UTs — the UT of Ladakh without a legislature, and the UT of Jammu and Kashmir with a legislature. An amendment was made to the First Schedule of the Constitution, which lists all states and UTs, and to Article 3 of the Constitution, which deals with the “Formation of new States and alteration of areas, boundaries or names of existing States.” Thus, the new Assembly of Jammu and Kashmir will be for a UT, not a state.

(2) Section 13 of the 2019 Act states that Article 239A of the Constitution (“Creation of local Legislatures or Council of Ministers or both for certain Union territories”), which provides for the administration of the UT of Puducherry, shall also apply to the UT of Jammu and Kashmir.

(3) Composition of Legislative Assembly of J&K: The Union Territory of Jammu and Kashmir has 90 Assembly seats. The J&K Reorganisation Act, 2019 specifies that the Lieutenant-Governor of the “successor Union Territory of Jammu and Kashmir may nominate two members to the Legislative Assembly” to give representation to women “if in his opinion, women are not adequately represented in the Legislative Assembly”.

In an amendment to the Act in July 2023, an addition was made to allow for the nomination of three more members to the Assembly. Two members from the Kashmiri migrant community, one of whom is to be a woman, and one member from the “displaced persons from Pakistan-occupied Jammu and Kashmir”

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Notably, The J&K UT Assembly is modelled on the Puducherry Assembly where three nominated members function on par with elected MLAs and also have voting rights. (In case of J&K 5 members can be nominated.)

(4) Powers of the Assembly: As per the 1947 Instrument of Accession, J&K had acceded to India in respect of only defence, foreign affairs, and communications. Under Article 370 as it stood before the abrogation, Parliament had limited legislative powers with respect to J&K. Over the years, however, the Centre’s lawmaking power was extended to cover several other subjects in the Union List (List I of the Seventh Schedule of the Constitution).

The Reorganisation Act of 2019 created a vastly different structure, in which the LG has a much bigger role compared with the state Assembly. This can be understood from two key provisions.

(i) First, Section 32 of the Act, which deals with the extent of legislative power of the Assembly, states that “subject to the provisions of this Act, the Legislative Assembly may make laws for the whole or any part of the Union territory of Jammu and Kashmir with respect to any of the matters enumerated in the State List except the subjects mentioned at entries 1 and 2, namely “Public Order” and “Police” respectively or the Concurrent List in the Seventh Schedule to the Constitution of India in so far as any such matter is applicable in relation to the Union territories.”

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States, on the other hand, can legislate on subjects in the Concurrent List, to the extent that such a law is not repugnant or contrary to the central law on the issue.

(ii) Section 36 of the 2019 Act deals with special provisions for financial Bills. This provision states that a Bill or amendment “shall not be introduced into, or moved in, the Legislative Assembly except on the recommendation of the Lieutenant Governor”, if such Bill deals with, among other aspects, “the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of the Union territory…”.

This provision has wide import since virtually every policy decision could create a financial obligation for the Union Territory.

(5) Powers of the J&K LG: The 2019 Act also specifies the powers of the J&K LG. Section 53, which deals with the role of the Council of Ministers, states: “The Lieutenant Governor shall, in the exercise of his functions, act in his discretion in a matter:

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(i) which falls outside the purview of the powers conferred on the Legislative Assembly; or

(ii) in which he is required by or under any law to act in his discretion or to exercise any judicial functions; or

(iii) related to All India Services and Anti Corruption Bureau.”

This means that apart from public order and police, the bureaucracy and the anti-corruption bureau will also be under the LG’s control.

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The provision also says that whenever “any question arises whether any matter is or is not a matter as respects which the Lieutenant Governor is by or under this Act required to act in his discretion, the decision of the Lieutenant Governor in his discretion shall be final, and the validity of anything done by the Lieutenant Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion”, and that “the question whether any, and if so what, advice was tendered by Ministers to the Lieutenant Governor shall not be inquired into in any court”.

(6) Challenges in J&K:

Long overdue tough challenges lie ahead in J&K. Cross-border terror remains a threat — in recent days, the theatre has moved south of Pir Panjal, to the Jammu region. A series of reports in this paper in august month had pointed out J&K’s excessive reliance on funds from the Centre, low agricultural productivity, power deficiency as well as insecurity over jobs and land. For change to take seed, it is imperative that these concerns are addressed by a government that is responsive and accountable..”

BEYOND THE NUGGET: How Jammu and Kashmir became part of India?

(1) ‘Switzerland of the East’: The princely state of Jammu and Kashmir came into being in March 1846, when the British, under the Treaty of Amritsar after the first Anglo-Sikh War, sold Kashmir for a sum of 7.5 million Nanakshahee rupees to Gulab Singh, the Dogra jagirdar of Jammu.

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Maharaja Hari Singh, who was on the throne when India became independent, was descended from Gulab Singh. As the British prepared to withdraw from India after dividing it, the princely states were given the option of joining either India or Pakistan or remaining independent, although the last option was hardly practical. Yet, it was this option that appealed to Hari Singh, with dreams of making Kashmir “completely neutral”, a “Switzerland of the East”.

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(2) Hari Singh’s accession to India: In June 1947, Viceroy Lord Louis Mountbatten visited Srinagar. He advised Hari Singh’s prime minister to pick either country and accede, but was told the state wanted to remain independent.

Knowledge Nugget of the day: Jammu and Kashmir Elections (2) Maharaja Hari Singh wanted to remain independent after the British left. (Photo: Wikimedia Commons)

August 15, 1947 drew nearer, but still Hari Singh refused to accede. What he did propose were ‘standstill agreements’ with both India and Pakistan, which meant that trade, travel and communication services in his sandwiched domain would continue as under the British. Pakistan signed this, but India preferred to wait.

Thus, when India and Pakistan attained independence, Jammu and Kashmir too was technically independent. In a month, this independence came under strain. In less than a month, the infiltrators came, crossing over from then North-West Frontier Province on October 22.

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The infiltrators advanced quickly, with Hari Singh’s forces in no shape to defend the state. They took Muzaffarabad, and defeated the Maharaja’s forces at Uri. Hari Singh cabled to the Indian government for military aid.

On October 26, top Indian diplomat VP Menon had a meeting of Defence Committee, where Governor-General Mountabatten said that India should intervene militarily only after Hari Singh had acceded. Soon after it Hari Singh signed the Instrument of Accession to India.

(Source: What powers will the new Jammu and Kashmir Assembly have? (IE), The Kashmir issue (IE)

For your queries and suggestions write at roshni.yadav@indianexpress.com

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