Symbolic figures? What new J&K UT CM, Ministers can and cannot do

8 October 2024

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Under the J&K Reorganization Act, 2019, the Assembly can only debate and vote on financial matters, all grants, appropriations require LG’s approval; will have executive control over police, public order, and land; Council of Ministers, headed by a Chief Minister, limited to just nine ministers; LG can withhold assent to bills or reserve them for the President’s consideration

Srinagar, Oct 8: With the results out for the Jammu and Kashmir Assembly elections and NC- Congress upbeat over emerging victorious, Jammu and Kashmir Reorganisation Act, 2019 actually doesn’t give much to the winners to celebrate.

The governance structure of the Union Territory (UT) of Jammu and Kashmir, as laid out in the Jammu and Kashmir Reorganisation Act, 2019, highlights the significant powers vested in the Lieutenant Governor (LG). While an elected Legislative Assembly and Council of Ministers will exist, the ultimate authority will rest with the LG, appointed by the President of India.

Broad powers of the Lieutenant Governor

As per the Act, the LG holds executive control over key areas such as police, public order, and land.

Under Section 53 of the Reorganisation Act, the LG acts in his discretion on matters outside the purview of the elected assembly or when required by law to do so. Importantly, this includes areas like All India Services and the Anti-Corruption Bureau. Additionally, the LG can promulgate ordinances when the Assembly is not in session, giving him legislative powers as well. Further, all financial legislation requires the recommendation of the LG before being introduced in the Legislative Assembly.

The LG also retains final authority over budgetary allocations and expenditure

Composition of the elected Government:

Despite the overarching authority of the LG, the UT will have a Council of Ministers to assist in governing. The Council, headed by a Chief Minister, will be limited to a size not exceeding 10% of the total membership of the Legislative Assembly. The Ministers, appointed by the LG on the advice of the Chief Minister, are collectively responsible to the Assembly.

Limited legislative role

The legislative powers of the Assembly, though significant, are circumscribed by the LG’s authority to withhold assent to bills or reserve them for the President’s consideration. While the Assembly can debate and vote on financial matters, all grants and appropriations must be presented for the LG’s approval. Ministerial Terms, Salaries, and Allowances Ministers in the UT government will hold office at the pleasure of the LG, and they must be members of the Legislative Assembly within six months of appointment.

Their salaries will be determined by law, but until the Assembly enacts such legislation, the LG has the authority to decide their remuneration.

The Jammu and Kashmir Reorganisation Act, 2019, passed on August 9, 2019, and enforced from October 31, 2019, fundamentally reshaped the political structure of Jammu and Kashmir. This act bifurcated the erstwhile state into two Union Territories—Jammu and Kashmir with a legislative assembly, and Ladakh without a legislative body.

—(KNO)