The Centre has invested in electoral democracy to heal the wounds of the militancy decades and ensure the integration of post-Article 370 J&K with the rest of India. So, it is in New Delhi’s interest to enable the new government in Srinagar to deliver the goods.
Omar Abdullah is not new to office, but he is taking oath as chief minister (CM) of Jammu and Kashmir (J&K) today in very different circumstances. The J&K of old has ceased to exist with the abrogation of Article 370 and its bifurcation into the Union territories (UTs) of J&K and Ladakh. The CM of J&K has limited authority and is beholden to the lieutenant governor (LG), who wields most of the administrative powers, to run the UT. This can be a tricky relationship that Abdullah will need to navigate carefully: His mandate is not only to deliver full statehood to J&K but also to establish a representative government that is responsive to the concerns of all citizens. For the latter, Abdullah will need full cooperation from the LG’s office.
The poll results reflected the regional and religious fault lines that have always troubled J&K: Muslim-majority Kashmir voted big for the National Conference (NC), while the BJP held sway in Hindu-majority Jammu. Abdullah has obtained the support of five independents from Jammu, which, hopefully, will make his government more representative in terms of both region and religion. The NC’s legacy as a secular, pan-J&K party should also help in bridging the divides: The outreach to the Pandits would shore up its promise of inclusive government. The NC, as the party in government, will need to advocate the popular demand for statehood with tact and a touch of realism rather than echo the strident tone of radicals. It is the middle path of cautious regionalism and agency that Abdullah will need to pursue. The Centre has invested in electoral democracy to heal the wounds of the militancy decades and ensure the integration of post-Article 370 J&K with the rest of India. So, it is in New Delhi’s interest to enable the new government in Srinagar to deliver the goods.
Here’s a detailed list of laws that can be made by the Chief Minister (CM) of Union Territory (UT) of Jammu and Kashmir and laws that cannot be made:
Laws that can be made by CM of UT of J&K:
1. Municipal laws (e.g., Jammu and Kashmir Municipal Act)
2. Panchayati Raj laws (e.g., Jammu and Kashmir Panchayati Raj Act)
3. Education laws (e.g., Jammu and Kashmir Education Act)
4. Health laws (e.g., Jammu and Kashmir Health Act)
5. Agriculture laws (e.g., Jammu and Kashmir Agriculture Act)
6. Tourism laws (e.g., Jammu and Kashmir Tourism Act)
7. Transport laws (e.g., Jammu and Kashmir Transport Act)
8. Labour laws (e.g., Jammu and Kashmir Labour Act)
9. Social Welfare laws (e.g., Jammu and Kashmir Social Welfare Act)
Laws that cannot be made by CM of UT of J&K:
1. Taxation laws (e.g., Income Tax, GST)
2. Defence and military laws
3. Foreign policy laws
4. National security laws
5. Citizenship laws
6. Constitutional amendment laws
7. Laws related to Union Territories (except for UT-specific laws)
8. Laws related to Centre-state relations
9. Laws related to interstate trade and commerce
10. Laws related to national highways and railways
Restricted laws:
1. Police laws (require Centre’s approval)
2. Land revenue laws (require Centre’s approval)
3. Electricity laws (require Centre’s approval)
4. Water resources laws (require Centre’s approval)
Special provisions:
1. Article 239 of the Indian Constitution: Centre has power to direct UTs.
2. Jammu and Kashmir Reorganization Act, 2019: Centre has oversight over UT’s laws.
3. Lieutenant Governor’s approval required for certain laws.
Note:
– The CM’s powers are limited compared to state CMs.
– Centre has significant control over UT’s laws.
– UT’s laws must align with Centre’s policies and guidelines.
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