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New Power Structure in J&K:Limited Power for Elected Government in J&K as Lieutenant Governor Holds Key Control


 

Under the Jammu and Kashmir Reorganisation Act, 2019, the real power lies with the Lieutenant Governor (LG), while the elected government plays a limited role. The Assembly can only debate financial matters, but all decisions require the LG’s approval. The LG has executive control over key areas like police, public order, and land. The Chief Minister-led Council of Ministers is restricted to just nine members, and the LG can withhold or reserve bills for the President’s consideration. This framework limits the legislative and governing authority of the elected representatives in the Union Territory.
Here are a few more key points:

1. Financial Control: While the Assembly can debate and vote on financial matters, no spending or grant allocation is valid without the Lieutenant Governor's approval.
   
2. Police and Public Order: Executive control over crucial areas like the police and public order is reserved for the Lieutenant Governor, making the role of the elected government secondary in these domains.

3. Legislative Limits: Even though the Assembly can pass bills, the LG has the authority to withhold assent or reserve them for the President's approval, limiting legislative autonomy.
4. Council of Ministers: The Council, led by the Chief Minister, is capped at nine ministers, and the ministers serve at the pleasure of the LG. This further reduces the influence of the elected representatives.

5. Ordinance Powers: The LG also has the power to promulgate ordinances when the Assembly is not in session, which adds to the Governor's legislative powers.

This governance model reflects the shift in power dynamics after Jammu and Kashmir was reconstituted as a Union Territory following the revocation of Article 370.

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