The first phase of polling for the Jammu and Kashmir Assembly was done on Wednesday. This is the first election since 2019 when the constitutional compact of Jammu and Kashmir was altered by the abrogation of Article 370.
About the J&K Reorganisation Act:
1.The constitutional changes of August 2019 took away the statehood of Jammu and Kashmir & the new Assembly will be for a Union Territory (UT), not a state.
2.The Jammu and Kashmir Reorganisation Act, 2019 created two UTs the UT of Ladakh without a legislature, and the UT of Jammu and Kashmir with a legislature.
3.Article 239, which deals with the administration of Union Territories, states that “every union territory shall be administered by the President, acting, to such an extent as he thinks fit, though an administrator.
4.Section 13 of the 2019 Act states that Article 239A of the Constitution (“Creation of local Legislatures or Council of Ministers or both for certain Union territories”), which provides for the administration of the UT of Puducherry, shall also apply to the UT of Jammu and Kashmir.
5.The Reorganisation Act of 2019 created a vastly different structure, in which the LG has a much bigger role compared with the state Assembly. (J&K)
6. The 2019 Act also specifies the powers of the J&K LG.This means that apart from public order and police, the bureaucracy and the anti-corruption bureau will also be under the LG’s control.
7.In the run up to the elections, a series of administrative changes have extended the powers of the LG, granting him the power to also appoint the Advocate General and law officers, and to give him a say in decisions regarding prosecutions and sanctions.
Key Aspects of the 2024 Election:
–Restoration of the Democratic Process:
After the abrogation of Article 370, the region has been under central rule. The upcoming election would mark the return of an elected government in J&K, possibly boosting political and democratic representation.
–Delimitation Process:
Before the elections, the delimitation of Assembly constituencies was completed in May 2022, increasing the number of seats from 83 to 90. The new allocation gives more representation to Jammu, which could shift the political balance, traditionally favoring Kashmir.
–Security Considerations:
J&K has seen security concerns due to insurgency and political instability, which has affected previous electoral processes. Ensuring free and fair elections in 2024 will involve significant security measures, particularly in sensitive areas.
–Political Parties and Alliances:
Major political parties like the Bharatiya Janata Party (BJP), National Conference (NC), Peoples Democratic Party (PDP), and Congress will likely be key players. The BJP has been aiming to strengthen its foothold in J&K, especially in the Jammu region. Meanwhile, regional parties such as NC and PDP seek to maintain influence, particularly in Kashmir.
–Focus on Development and Stability:
The central government’s narrative around the election is expected to revolve around development, integration, and stability. Issues such as employment, infrastructure, governance, and security will dominate the political discourse.
–Voter Sentiment:
The sentiment among voters will play a crucial role, particularly regarding the impact of the 2019 changes. While some may support the government’s stance on integrating J&K more closely with India, others may focus on regional autonomy and identity issues.
J&K Election 2024 will be a politically charged event with regional and national implications, as it will test the success of post-2019 policies and the response of the local population.
Source:
https://indianexpress.com/article/explained/explained-law/nature-of-jk-assembly-9573231/