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Politics
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The new J&K government won’t have much power - no matter who wins.

By
BO Desk
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Progress
October 8, 2024
The recent assembly elections in Jammu and Kashmir have drawn significant attention, marking the first such elections since the region was reorganized into a union territory in 2019. The results indicate a complex political landscape, with the National Conference (NC) and Congress alliance having formed the government, while the Bharatiya Janata Party (BJP) continues to have its influence in Jammu.

What are the election results?

The NC-Congress alliance has emerged as the dominant force, winning 49 out of 90 seats. The NC alone secured 42 seats, while the BJP claimed 29 seats, primarily in Jammu. This split verdict shows a stark regional divide: the NC-led coalition thrived in the Kashmir Valley, while the BJP maintained its stronghold in Jammu, reflecting differing political sentiments across these regions.

But, NC Alliance will still have limited powers

Despite this electoral victory, questions loom over the actual powers of the newly elected assembly. Legal experts emphasize that under the 2019 Reorganisation Act, the assembly's authority is significantly curtailed. Law enforcement and public order are under central control via the lieutenant governor (LG), limiting legislative powers to areas like public health and sanitation. This means that even with a majority, the assembly may struggle to enact meaningful legislation.

What role does the Lieutenant Governor play?

The central government has expanded the LG’s powers, allowing control over key areas such as police and public order, and enabling him to appoint top officials. Critics argue that this arrangement makes an elected government nearly powerless - akin to a municipal body - since it lacks control over its bureaucracy. Tensions between elected officials and the LG will happen, just like the conflicts seen in other union territories like Delhi.

Control over the finances

Financial governance remains another area of concern. The Consolidated Fund of Jammu and Kashmir is managed by rules set forth by the LG, meaning that financial autonomy is also limited. Any bills related to financial matters must receive prior approval from the LG before being introduced in the assembly, further consolidating power at the central level.

An increase in nominations

The recent amendments have also increased the number of nominated members in the assembly from two to five. This includes nominations from specific communities, such as Kashmiri migrants, which could influence legislative dynamics. While these nominated members hold similar rights as elected representatives, their presence could serve as a barrier against legislation that does not align with central government interests.

So now, what’s the future?

As Omar Abdullah of the NC prepares to take on the role of chief minister, many are left wondering how effective this new government will be given its limited powers. The electoral results have sparked discussions about governance and representation in Jammu and Kashmir. Despite winning a majority, Abdullah's administration will likely face challenges in navigating its relationship with both the LG and central authorities.

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