The outcomes of the Jammu and Kashmir Meeting elections will likely be introduced as we speak. Voters in Jammu and Kashmir forged their ballots in three phases. What makes this yr’s Jammu and Kashmir Meeting elections particular? What powers will the brand new Jammu and Kashmir Meeting have? Check out the important ideas, phrases, quotes, or phenomena every single day and brush up your information. Right here’s your information nugget for as we speak.
Why in information?
The 2024 Jammu and Kashmir Meeting elections are vital for a number of causes. They’re particularly essential as a result of that is the primary election following the abrogation of Article 370 in August 2019, which led to the division of the previous state into the Union Territories of Jammu & Kashmir and Ladakh.
Key Takeaways :
(1) The Jammu and Kashmir Reorganisation Act, 2019 created two UTs — the UT of Ladakh with no legislature, and the UT of Jammu and Kashmir with a legislature. An modification was made to the First Schedule of the Structure, which lists all states and UTs, and to Article 3 of the Structure, which offers with the “Formation of latest States and alteration of areas, boundaries or names of current States.” Thus, the brand new Meeting of Jammu and Kashmir will likely be for a UT, not a state.
(2) Part 13 of the 2019 Act states that Article 239A of the Structure (“Creation of native Legislatures or Council of Ministers or each for sure Union territories”), which gives for the administration of the UT of Puducherry, shall additionally apply to the UT of Jammu and Kashmir.
(3) Composition of Legislative Meeting of J&Ok: The Union Territory of Jammu and Kashmir has 90 Meeting seats. The J&Ok Reorganisation Act, 2019 specifies that the Lieutenant-Governor of the “successor Union Territory of Jammu and Kashmir could nominate two members to the Legislative Meeting” to provide illustration to girls “if in his opinion, girls usually are not adequately represented within the Legislative Meeting”.
In an modification to the Act in July 2023, an addition was made to permit for the nomination of three extra members to the Meeting. Two members from the Kashmiri migrant group, one in every of whom is to be a lady, and one member from the “displaced individuals from Pakistan-occupied Jammu and Kashmir”
Notably, The J&Ok UT Meeting is modelled on the Puducherry Meeting the place three nominated members operate on par with elected MLAs and now have voting rights. (In case of J&Ok 5 members may be nominated.)
(4) Powers of the Meeting: As per the 1947 Instrument of Accession, J&Ok had acceded to India in respect of solely defence, overseas affairs, and communications. Underneath Article 370 because it stood earlier than the abrogation, Parliament had restricted legislative powers with respect to J&Ok. Over time, nonetheless, the Centre’s lawmaking energy was prolonged to cowl a number of different topics within the Union Listing (Listing I of the Seventh Schedule of the Structure).
The Reorganisation Act of 2019 created a vastly completely different construction, during which the LG has a a lot larger function in contrast with the state Meeting. This may be understood from two key provisions.
(i) First, Part 32 of the Act, which offers with the extent of legislative energy of the Meeting, states that “topic to the provisions of this Act, the Legislative Meeting could make legal guidelines for the entire or any a part of the Union territory of Jammu and Kashmir with respect to any of the issues enumerated within the State Listing besides the topics talked about at entries 1 and a pair of, specifically “Public Order” and “Police” respectively or the Concurrent Listing within the Seventh Schedule to the Structure of India in as far as any such matter is relevant in relation to the Union territories.”
States, then again, can legislate on topics within the Concurrent Listing, to the extent that such a legislation is just not repugnant or opposite to the central legislation on the problem.
(ii) Part 36 of the 2019 Act offers with particular provisions for monetary Payments. This provision states {that a} Invoice or modification “shall not be launched into, or moved in, the Legislative Meeting besides on the advice of the Lieutenant Governor”, if such Invoice offers with, amongst different facets, “the modification of the legislation with respect to any monetary obligations undertaken or to be undertaken by the Authorities of the Union territory…”.
This provision has extensive import since just about each coverage resolution might create a monetary obligation for the Union Territory.
(5) Powers of the J&Ok LG: The 2019 Act additionally specifies the powers of the J&Ok LG. Part 53, which offers with the function of the Council of Ministers, states: “The Lieutenant Governor shall, within the train of his features, act in his discretion in a matter:
(i) which falls exterior the purview of the powers conferred on the Legislative Meeting; or
(ii) during which he’s required by or beneath any legislation to behave in his discretion or to train any judicial features; or
(iii) associated to All India Companies and Anti Corruption Bureau.”
Which means aside from public order and police, the paperwork and the anti-corruption bureau may also be beneath the LG’s management.
The availability additionally says that every time “any query arises whether or not any matter is or is just not a matter as respects which the Lieutenant Governor is by or beneath this Act required to behave in his discretion, the choice of the Lieutenant Governor in his discretion shall be last, and the validity of something completed by the Lieutenant Governor shall not be known as in query on the bottom that he ought or ought to not have acted in his discretion”, and that “the query whether or not any, and in that case what, recommendation was tendered by Ministers to the Lieutenant Governor shall not be inquired into in any court docket”.
(6) Challenges in J&Ok: In line with Specific View on announcement of J&Ok polls:
Lengthy overdue robust challenges lie forward in J&Ok. Cross-border terror stays a menace — in current days, the theatre has moved south of Pir Panjal, to the Jammu area. A collection of stories on this paper in august month had identified J&Ok’s extreme reliance on funds from the Centre, low agricultural productiveness, energy deficiency in addition to insecurity over jobs and land. For change to take seed, it’s crucial that these considerations are addressed by a authorities that’s responsive and accountable..”
BEYOND THE NUGGET: How Jammu and Kashmir turned a part of India?
(1) ‘Switzerland of the East’: The princely state of Jammu and Kashmir got here into being in March 1846, when the British, beneath the Treaty of Amritsar after the primary Anglo-Sikh Battle, offered Kashmir for a sum of seven.5 million Nanakshahee rupees to Gulab Singh, the Dogra jagirdar of Jammu.
Maharaja Hari Singh, who was on the throne when India turned impartial, was descended from Gulab Singh. Because the British ready to withdraw from India after dividing it, the princely states got the choice of becoming a member of both India or Pakistan or remaining impartial, though the final choice was hardly sensible. But, it was this feature that appealed to Hari Singh, with goals of creating Kashmir “utterly impartial”, a “Switzerland of the East”.
(2) Hari Singh’s accession to India: In June 1947, Viceroy Lord Louis Mountbatten visited Srinagar. He suggested Hari Singh’s prime minister to select both nation and accede, however was instructed the state wished to stay impartial.
August 15, 1947 drew nearer, however nonetheless Hari Singh refused to accede. What he did suggest have been ‘standstill agreements’ with each India and Pakistan, which meant that commerce, journey and communication providers in his sandwiched area would proceed as beneath the British. Pakistan signed this, however India most well-liked to attend.
Thus, when India and Pakistan attained independence, Jammu and Kashmir too was technically impartial. In a month, this independence got here beneath pressure. In lower than a month, the infiltrators got here, crossing over from then North-West Frontier Province on October 22.
The infiltrators superior shortly, with Hari Singh’s forces in no form to defend the state. They took Muzaffarabad, and defeated the Maharaja’s forces at Uri. Hari Singh cabled to the Indian authorities for navy help.
On October 26, prime Indian diplomat VP Menon had a gathering of Defence Committee, the place Governor-Common Mountabatten mentioned that India ought to intervene militarily solely after Hari Singh had acceded. Quickly after it Hari Singh signed the Instrument of Accession to India.
(Supply: What powers will the brand new Jammu and Kashmir Meeting have? (IE), The Kashmir problem (IE)
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