The Meeting polls in Jammu and Kashmir started on September 18, as scheduled by the Election Fee of India (ECI). That is the primary election since 2019, when the constitutional standing of Jammu and Kashmir was altered by the abrogation of Article 370, making the brand new Legislative Meeting considerably completely different from earlier ones.
This election marks the primary for the reason that vital modifications made in 2019 with the abrogation of Article 370, which means the brand new Legislative Meeting shall be fairly completely different from earlier ones.
J-Okay Reorganisation After Abrogation Of Article 370
The Jammu and Kashmir Reorganisation Act of 2019 established two Union Territories: Ladakh, which has no legislature, and Jammu and Kashmir, which does. This led to amendments within the Structure’s First Schedule and Article 3, which offers with the “Formation of latest States and alteration of areas, boundaries or names of current States”.
Article 239 outlines the administration of Union Territories, which mentioned, “each Union Territory shall be administered by the President, performing by an administrator as deemed applicable.”
Part 13 of the 2019 Act stipulates that Article 239A of the Structure, which permits for the creation of native legislatures or councils of ministers for sure Union Territories, may also apply to the UT of Jammu and Kashmir.
As per the 1947 Instrument of Accession, Jammu and Kashmir joined India solely in issues of defence, international affairs, and communications. Earlier than the abrogation of Article 370 in 2019, Parliament’s legislative powers over J&Okay had been restricted. Nonetheless, over time, the central authorities expanded its lawmaking authority to incorporate many different topics within the Union Listing.
The 2019 Reorganisation Act established a considerably completely different governance framework, granting the Lieutenant Governor (LG) a a lot bigger position in comparison with the state Meeting.
The 2019 Act additionally outlines the powers of the J&Okay Lieutenant Governor. Part 53 specifies that the Lieutenant Governor could train discretion in sure issues relating to the Council of Ministers.