Zania-Editor
The Assembly elections in Jammu and Kashmir commenced on September 18, marking the first election since the significant changes made in 2019 when Article 370 was abrogated. This alteration in constitutional status means the new Legislative Assembly will be quite different from previous ones.
The Jammu and Kashmir Reorganisation Act of 2019 created two Union Territories: Ladakh, which has no legislature, and Jammu and Kashmir, which does. This act led to changes in the Constitution, particularly affecting the First Schedule and Article 3, which deals with the formation and alteration of states.
Article 239 governs the administration of Union Territories, stating that each UT will be managed by the President through an appointed administrator. Additionally, Section 13 of the 2019 Act extends Article 239A, which allows for local legislatures or councils of ministers, to Jammu and Kashmir.
Historically, the Instrument of Accession from 1947 limited Jammu and Kashmir’s integration into India, granting authority only in defense, foreign affairs, and communications. Prior to 2019, Parliament’s legislative powers over J&K were restricted, but over the years, the central government expanded its authority.
The 2019 Reorganisation Act established a new governance framework, giving the Lieutenant Governor (LG) a significantly larger role than the state Assembly. Section 53 of the Act allows the LG to exercise discretion in specific matters related to the Council of Ministers.
This election represents a pivotal moment in Jammu and Kashmir’s political landscape, reflecting the profound changes implemented over the past few years.
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