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Home JAMMU

J&K Assembly: A Toothless Tiger

Babar Rather by Babar Rather
August 23, 2024
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J&K Assembly: A Toothless Tiger

Proceedings of erstwhile Jammu and Kashmir Legislative Assembly (File Photo)

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The upcoming Jammu and Kashmir Assembly elections have raised more questions than answers. With the legislative body’s powers severely curtailed, many are left wondering if the new assembly will be nothing more than a mere spectator in the region’s governance. The central government’s grip on key areas like law and order, finance, and administration has left the assembly with limited scope for decision-making.

Legislative Restrictions

The Jammu and Kashmir Assembly will have no authority over law and order matters, which will remain under the central government’s exclusive jurisdiction. This restriction significantly curtails the assembly’s ability to make decisions on critical security and public safety matters within the UT. The assembly will not be able to address local concerns related to law and order, leaving the public feeling disenfranchised.

Executive Control

The Lieutenant Governor (LG) will retain extensive executive powers, impacting the assembly’s functioning. The LG will oversee key administrative decisions, including senior official appointments. Any actions or policies proposed by the UT government will require LG approval, effectively reducing the autonomy of the elected assembly.

Financial Control

The assembly will have limited financial autonomy, with major financial decisions and budgetary allocations subject to central government approval. This control extends to the requirement that all budgetary provisions and financial proposals must receive concurrence from the LG. The assembly’s limited financial powers will hinder its ability to address local development needs.

Decision-Making Authority

The central government will have the upper hand in policy decisions, with the UT government required to defer to New Delhi on crucial matters. This limits the assembly’s decision-making power and reduces its ability to address local concerns.

Recent Amendments

Recent changes to the Jammu and Kashmir Conduct of Business Rules have further amplified the LG’s control. These changes include approval requirements for financial matters, top legal appointments, bureaucratic transfers, and direct oversight of key departments. The amendments have solidified the central government’s grip on the region’s governance.

Historical Context

The Jammu and Kashmir Assembly’s current limitations result from significant changes that began with the reorganization of the state in August 2019. The abrogation of Article 370 and the bifurcation of Jammu and Kashmir into Union Territories marked a major shift in the region’s governance structure. The changes have had far-reaching consequences for the region’s democratic institutions.

Limited Powers

The assembly’s limited powers raise concerns about its ability to address local issues effectively. With the central government controlling key areas, the assembly’s role may be reduced to mere symbolism. The public may lose faith in the democratic process if the assembly is unable to deliver.

Democratic Deficit

 The restrictions on the assembly’s powers have created a democratic deficit, with elected representatives having limited say in governance. This undermines the principles of democracy and federalism, leading to a lack of accountability.

Elected Representatives

 Elected representatives will face significant challenges in fulfilling their responsibilities, given the limited powers of the assembly. Their ability to deliver on campaign promises will be severely curtailed, leading to public disillusionment.

Public Perception

The public’s perception of the assembly’s effectiveness will likely be impacted by its limited powers. If the assembly is unable to address local concerns, it may lead to widespread disillusionment with the democratic process.

Way Forward

To address these concerns, there needs to be a re-evaluation of the assembly’s powers and a more meaningful devolution of authority. This would enable the elected representatives to effectively address local issues and fulfil their responsibilities.

Conclusion

The Jammu and Kashmir Assembly’s limited powers raise significant concerns about its ability to function effectively. With the central government controlling key areas, the assembly’s role may be reduced to mere symbolism. It is essential to address these limitations to ensure that the democratic process is meaningful and effective.

Need for Autonomy

The assembly needs greater autonomy to address local issues effectively. This requires a re-evaluation of the current governance structure and a more meaningful devolution of authority.

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