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| Massive overhaul in governance, legal frame work of UT Jammu and Kashmir | | | Wajahat Shabir
Early Times Report
SRINAGAR, Aug 26: The proposed Union Territory of Jammu and Kashmir will get a colossal revamp in the governance, legal frame work, assets, delimitation of constituencies as per the features of J&K Reorganization Act.
The documents accessed by the Early Times reveal that now in case of inconsistency between laws made by the Parliament and Laws made by the Legislative Assembly in State List, the Law made by the Parliament shall prevail and Parliament may at any time enact any law with respect to same matter including the law adding to amending, varying or repealing the law so made by the Legislative Assembly. And, Lieutenant Governor may promulgate Ordinances during the recess of the Legislative Assembly.
Also it revealed that now UT Jammu and Kashmir will have now legislative assembly seats from 107 to 114 and delimitation of constituencies to be conducted by the Election Commission. As compared, to the earlier 86 seats of Legislative Council. While as earlier the numbers of seats were 86. And, the special provision for readjustment of Parliament and Assembly Constituencies of Union Territory of Jammu and Kashmir will be on the basis of 2011 census.
Clearing grounds on the territorial extent of law and power to adopt laws The Reorganisation Act stats, Central Laws in table-1 of the Fifth Schedule are applied to the state of Jammu and Kashmir in addition to central laws already applicable; State Laws as modified, repealed and applied by Table-2, Table-3 and Table-4 shall be applicable in the U.T of Jammu and Kashmir and U.T of Ladakh in the manner indicated.
According to the Reorganization Act, legislative assembly will see a refit as total number of person to be chosen by direct election shall be 107; reservation of seats for Scheduled Tribes and Scheduled Castes proportionate to their population in the U.T of Jammu and Kashmir; Duration of Legislative Assembly shall be five years; legislative Assembly may make laws with respect to any matters in the State list except the subjects mentioned in entries in 1 and 2, namely Public Order and Police respectively or the constitution list in the Seventh Schedule to the Constitution of India in so far as any such matter if applicable in relation to Union Territories.
On official languages, the Reorganization Act states, "Legislative Assembly may by law adopt any one or more languages in use the UT of Jammu and Kashmir or Hindi as official languages for all or any of the official purposes. While as procedure regarding Annual Financial statement (Budget) and other matters relating to Money Bills etc. are similar to that of a state legislature".
Further, "Council of Ministers not more than ten percent of the total members in the Legislative Assembly; Council of Ministers to aid and advise Lieutenant Governor in exercise of the function in relation to matter with respect to which Legislative Assembly has power to make laws except in so far he is required by or under the Act to act in his discretion or by or under law to exercise any judicial or quasi-judicial function".
The apportionment of assets and liabilities of the existing State of Jammu and Kashmir shall be subject to the recommendation of a committee constituted by the Central Government; the process of apportionment shall be completed within a period of twelve months from the appointed day, reads the act on apportionment of Assets and Liabilities.
"While as the governor of existing State of Jammu and Kashmir at any time before the appointed, may authorize such expenditure from the consolidated fund of the Union Territory of Jammu and Kashmir and Union Territory of Ladakh as he deems necessary for any period not more than six months beginning with the appointed day pending the sanctions of such expenditure by the Legislative Assembly or the parliament", stats the act on authorization of expenditure and distribution of revenues.
Adding to that the award made by the Fourteenth Finance Commission to the existing State of Jammu and Kashmir shall be appointed between the successor Union Territory of Jammu and Kashmir and Union Territory of Ladakh by the Central government on the basis of population ratio and other parameters. |
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