Context:
Omar Abdullah sworn in as Jammu and Kashmir Chief Minister.
Powers of the Legislative Assembly:
- Under Article 239A of the Constitution, the region will have a Legislative Assembly similar to Puducherry.
- Detailed under – Jammu and Kashmir Reorganisation Act, 2019
- The act states that the Assembly may make laws on matters in the State List under the Seventh Schedule of the Constitution
- However, it cannot enact laws regulating “Public Order” and “Police,” these are reserved for the Lieutenant Governor (L-G).
- Additionally, the Assembly can legislate on subjects in the Concurrent List, as long as such laws do not conflict with central legislation.
- However, any Bill related to financial obligations must be recommended by the Lieutenant Governor (LG) before being introduced in the Assembly.
Powers of the Lieutenant Governor (L-G):
- Lieutenant Governor of Jammu and Kashmir has significant discretionary powers over subjects such as public order and police.
- Lieutenant Governor can act in his discretion in a matter related to All India Services and Anti-Corruption Bureau in the UT
- He/She is the authority to appoint the Advocate-general and other law officers
- The Lieutenant Governor (LG) has the authority to decide whether a matter falls under their discretion as required by the Act.
- The LG’s decision on such matters is final.
- Actions taken by the LG cannot be questioned on the basis that they should or should not have acted in their discretion.
Comparison with Other Union Territories:
- In Delhi’s case (Article 239AA), 3 subjects — land, public order, and police — are reserved for the LG.
- Legislative arrangement in Puducherry under Article 239A is similar to that in Jammu and Kashmir after reorganisation.
- Unlike Jammu and Kashmir, Ladakh lacks a legislative assembly and is directly controlled by the Lieutenant Governor (LG), reflecting its unique administrative demands and governance structure.
Source: The Hindu
Previous Year Question
Consider the following statements:
1. The Legislative Council of a State in India can be larger in size than half of the Legislative Assembly of that particular State.
2. The Governor of a State nominates the Chairman of the Legislative Council of that particular State.
Which of the statements given above is/are correct?
[UPSC Civil Service Exam – 2015 Prelims]
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: (d)
Explanation:
Statement 1 is not correct: The maximum strength of the Council is fixed at one-third of the total strength of the Assembly.
Statement 2 is not correct: The Chairman is elected by the Council itself from amongst its members.
