The Jammu and Kashmir Reorganization Act, 2019, following the abrogation of Article 370 and 35A, reorganized the former State of J&K into two Union Territories – Jammu & Kashmir (with legislature) and Ladakh (without legislature).
Nature of J&K Legislative Assembly after the J&K Reorganization Act, 2019
The UT of J&K Assembly resembles that of Delhi and Puducherry, functioning under Article 239A with limited law-making powers.
The Lieutenant Governor (LG) is the head of the UT, appointed by the President, and wields greater authority than Governors of states.
The Assembly has a five-year term (not six as earlier).
Abolition of J&K Legislative Council – Bicameralism ended, Assembly became unicameral.
Out of 107 seats in J&K Assembly-
83 elected,
24 reserved for Pakistan-occupied Kashmir (PoK),
5 to be nominated by the LG, including 2 women (as per the Act, 2019 amendment 2023).
Powers and Functions of J&K Legislative Assembly
Legislative Powers
Can legislate on subjects of the State List, except public order, police and concurrent list subject.
Section 36 – Financial Bills in J&K UT can be introduced or moved in the Legislative Assembly only on the recommendation of the Lieutenant Governor.
Laws require assent of the LG, who may refer bills to the President.
Executive Oversight
The Council of Ministers, headed by the Chief Minister, is collectively responsible to the Assembly.
The Assembly exercises oversight through questions, motions, debates, and budget control.
However, Section 53 – LG acts in discretion on matters related to All India Services & Anti-Corruption Bureau.
Financial Powers
Can pass the annual budget and authorize expenditure from the Consolidated Fund of J&K.
Money Bills require the prior recommendation of the LG.
The J&K Legislative Assembly post-2019 is a restricted legislature, balancing democratic representation with the Union’s direct control over sensitive subjects.