Why new J&K government will be stunted – no matter who wins
The legislature of the union territory is at the mercy of the all-powerful lieutenant governor for funds and even passing laws, say experts.
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On Tuesday, the results of the first Assembly elections since the downgrading of Jammu and Kashmir into a union territory will be announced.
While the alliance of the National Conference and the Congress is expected to have an edge, the Bharatiya Janata Party is likely to emerge as a bigger player in its traditional bastion of the Jammu division.
But irrespective of who forms the government, what powers will the Jammu and Kashmir legislative Assembly have, especially after the changes introduced since Article 370 of the Constitution was scrapped in 2019? Experts contend that the shadow of the lieutenant governor – and by extension the Centre – will make it difficult for the government to fulfill the aspirations of the people who voted for it.
From state to UT
Legal experts say the powers of an elected government in a union territory set-up are naturally limited.
The law at the core of the transformation of the erstwhile state to a union territory is the Jammu and Kashmir Reorganisation Act, 2019. According to this law, the law enforcement agencies are under the control of the central government and its representative – the lieutenant governor.
“The space for an elected government has shrunk,” said senior advocate Zaffar Shah.
According to Section 32 of the Jammu and...
