Jammu and Kashmir Legislative Assembly explained

Jammu and Kashmir Legislative Assembly
Coa Pic:Jammu and Kashmir Legislative Assembly emblem.png
Coa Res:300px
Foundation:1957 by Monarchy Commission, Presidential Commission.
Preceded By:Jammu and Kashmir Constituent Assembly
House Type:Unicameral
Term Limits:5 years
Leader2 Type:Speaker
Established:Presidential Commission / Monarchy Commission
Leader2:Abdul Rahim Rather
Party2:JKNC
Election2:4 November 2024
Leader3 Type:Deputy Speaker
Leader4 Type:Leader of the House
(Chief Minister)
Leader4:Omar Abdullah
Party4:JKNC
Election4:16 October 2024
Leader5 Type:Deputy Leader of the House
(Deputy Chief Minister)
Party5:JKNC
Election5:16 October 2024
Leader6 Type:Leader of the Opposition
Leader6:Sunil Kumar Sharma
Party6:BJP
Election6:3 November 2024
Leader1 Type:Lieutenant Governor
Leader1:Manoj Sinha
Election1:7 August 2020
Members:119 (90 seats + 24 seats reserved for Pakistan administered Jammu and Kashmir) + 5 Nominated by LG
Structure1 Res:300px
Political Groups1:Government (55)

INDIA (55)

  • JKNC (41)

Opposition (33)

Nominated (5)

NOM (5)Vacant (2)

Vacant (2)

Voting System1:First past the post
Last Election1:18 September 2024 to 1 October 2024
Next Election1:September/October 2029
Session Room:The Speaker, Lok Sabha, Smt. Meira Kumar addressing the Conference of Presiding Officers of Legislative Bodies in India, at Srinagar, Jammu & Kashmir on June 20, 2010.jpg
Session Res:250px
Meeting Place:Legislative Assembly, Srinagar (Summer session)
Session Res2:250px
Meeting Place2:Legislative Assembly, Jammu (Winter session)
Legislature:13th Jammu and Kashmir Assembly

The Jammu and Kashmir Legislative Assembly, also known as the Jammu and Kashmir Vidhan Sabha, is the legislature of Indian union territory of Jammu and Kashmir.

Prior to 2019, the State of Jammu and Kashmir had a bicameral legislature with a legislative assembly (lower house) and a legislative council (upper house). The Jammu and Kashmir Reorganisation Act, passed by the Parliament of India in August 2019, replaced this with a unicameral legislature while also re-organising the state into a union territory. The 12th assembly was dissolved by the Governor on 21 November 2018.[5] The 13th assembly was elected in September and October 2024.

History

Praja Sabha

The first legislature of the princely state of Jammu and Kashmir, called the Praja Sabha, was established by the government of the Maharaja Hari Singh in 1934.[6] It had 33 elected seats, 30 nominated members and 12 ex-officio members.

The first election in 1934 saw the Liberal Group headed by Pandit Ram Chander Dubey emerge as the largest party and the Muslim Conference as the second largest (with 14 seats). Further elections were held in 1938 and 1947.

In 1939, the Muslim Conference party renamed itself to National Conference under the leadership of Sheikh Abdullah and opened its membership to people of all religions. It launched a Quit Kashmir movement in 1946 and boycotted the 1947 election.

Post-accession

After the accession of the princely state of Jammu and Kashmir to the Union of India in 1947, the Maharaja ceded powers to a popular government headed by Sheikh Abdullah. Elections for a constituent assembly were held in 1951, in which Abdullah's National Conference won all 75 seats.

In 1957, a new constitution was adopted by the constituent assembly, which established a bicameral legislature consisting of an upper house, the Jammu and Kashmir Legislative Council and a lower house, the Jammu and Kashmir Legislative Assembly.[7] Wali Mohammad Itoo of the National Conference was speaker of the assembly between 7 July 1983 and 31 July 1984.[8]

Revocation of Article 370 and reorganisation of state

In 2019, Article 370 of the Constitution of India, which gave special status to Jammu and Kashmir, was abrogated[9] and Jammu and Kashmir Reorganisation Act was passed to reconstitute the state of Jammu and Kashmir into union territories of Jammu and Kashmir and Ladakh with effect from 31 October 2019.[10] The union territory of Jammu and Kashmir has a unicameral Legislative Assembly. The Jammu and Kashmir Legislative Council was formally abolished on 31 October 2019.[11] [12]

In March 2020, a three-member Delimitation Commission was formed, chaired by retired Justice Ranjana Prakash Desai, for the delimitation of the union territory of Jammu and Kashmir.[13] The commission published its interim report in February 2022.[14] The final delimitation report was released on 5 May 2022[15] and it came into force from 20 May 2022.[16]

Composition

The Legislative Assembly was initially composed of 100 members, later increased to 111 by the then Constitution of Jammu and Kashmir (Twentieth Amendment) Act of 1988. Of these, 24 seats were designated for the territorial constituencies of the state that came under Pakistani control in 1947. These seats remained officially vacant as per section 48 of the then state constitution and now also in The Constitution of India. These seats were not taken into account for reckoning the total membership of the assembly, especially for deciding quorum and voting majorities for legislation and government formation. Hence the total contestable and filled seats of the assembly were 87 seats. The Kashmir valley region had 46 seats, the Jammu region had 37 seats, and Ladakh region had 4 seats.

State reorganisation and Delimitation

Jammu and Kashmir Reorganisation Act was passed to reconstitute the state of Jammu and Kashmir into union territories of Jammu and Kashmir and Ladakh. In March 2020, Delimitation Commission was formed for the delimitation of the union territory of Jammu and Kashmir prior to the next Jammu and Kashmir Legislative Assembly election. The delimitation report added additional 6 seats to the Jammu division and 1 seat to Kashmir division. After delimitation, the total seats in the assembly rose to 114 seats, out of which 24 seats are designated for areas that fall under Pakistan-occupied Kashmir. Out of the remaining 90 seats, 43 seats are in Jammu division and 47 seats are in the Kashmir division. With this, hindu majority Jammu with a population of 53 lakh (43% of the total population of 1.22 crore) will have 47% seats, while muslim majority Kashmir which has a population of 68 lakh (56%) will have 52% of the seats.[15]

Reservation for SC/STs

The parliament passed the Jammu and Kashmir Reorganisation (Amendment) Bill 2023 which provides for reservation of 7 seats for the Scheduled Castes and 9 seats for the Scheduled Tribes.[17] [18]

Provisions for Nominated Members

Jammu and Kashmir Reorganisation Act, 2019 provides for nomination of 2 members to the Legislative Assembly by the Lieutenant Governor if women are not adequately represented in the house.[19] Following amendment to the Act in 2023, the Lieutenant Governor may also nominate two representatives of Kashmiri migrant families (one seat reserved for woman) and one member to represent the migrants from Pakistan occupied Kashmir (POK).[20]

Tenure and functions

Members of the Legislative Assembly were elected for a six-year term up to 2019 and five-year term thereafter. The seats are filled by direct election from single member constituencies using the first past the post method. The assembly may be dissolved before the completion of the full term by the Lieutenant Governor upon the advice of the Chief Minister. The Lieutenant Governor may also convene special sessions of the legislative assembly.

Membership by party

See also: 2024 Jammu and Kashmir Legislative Assembly election. The membership of the 13th Jammu and Kashmir Assembly by party is as follows:

Party MLAsLeader
41[21] Omar Abdullah
28Sunil Kumar Sharma
6 Ghulam Ahmad Mir
3Waheed Para
1Sajjad Gani Lone
1Mohammed Yousuf Tarigami
1Mehraj Malik
7
5
2
Total 95

Members

Office bearers

Source:[22]

Office HolderSince
Speaker Abdul Rahim Rather4 November 2024
Leader of the House
(Chief Minister)
Omar Abdullah[23] 16 October 2024
Deputy Leader of the House
(Deputy Chief Minister)
Surinder Kumar Choudhary16 October 2024
Leader of the OppositionSunil Kumar Sharma3 November 2024
SecretaryManoj Kumar Pandit[24] 31 October 2022

Members of Legislative Assembly (MLA)

See also

External links

Notes and References

  1. Web site: 2024-10-14 . Peoples’ mandate will be fulfilled soon: Tarigami after President’s rule over J&K ended . 2024-10-23 . . en-US.
  2. News: 2024-10-11 . J&K assembly elections: AAP extends support to JKNC . 2024-10-13 . The Times of India . 0971-8257.
  3. News: Singh . Rimjhim . Oct 11, 2024 . J&K polls: Four Independent MLAs help NC cross majority mark. . Oct 13, 2024 . Business Standard.
  4. Web site: Agencies . 2024-10-11 . NC-Cong alliance stakes claim to form govt in J&K: Omar . 2024-10-13 . thefederal.com . en.
  5. News: 2018-11-21 . Amid contrasting claims, J&K Governor dissolves Assembly . en-IN . The Hindu . 2022-02-28 . 0971-751X.
  6. Web site: Jammu and Kashmir Legislative Assembly. National Informatics Centre. 29 August 2010.
  7. Web site: Constitution of Jammu and Kashmir .
  8. Book: Malhotra, G. C. . Cabinet Responsibility to Legislature: Motions of Confidence and No-confidence in Lok Sabha and State Legislatures . 430–431 . 2004 . Lok Sabha Secretariat . New Delhi . 978-8-1200-0400-9.
  9. News: PTI . 2019-08-07 . President declares abrogation of provisions of Article 370 . en-IN . The Hindu . 2022-06-27 . 0971-751X.
  10. Web site: 2019-08-09 . President Kovind gives assent to J&K Reorganisation Bill, two new UTs to come into effect from Oct 31 . 2022-06-27 . The Indian Express . en.
  11. News: J&K administration orders abolition of legislative council, asks its staff to report to GAD . 17 October 2019 . 5 February 2021 . PTI . Financial express.
  12. Web site: Abolition of Jammu and Kashmir Legislative Council in terms of Section 57 of the Jammu and Kashmir Reorganization Act, 2019 . pdf . jkgad.nic.in . 5 February 2021 .
  13. Web site: Delimitation of Constituencies in Jammu-Kashmir, Assam, Arunachal Pradesh, Manipur and Nagaland - Notification dated 06.03.2020 - Delimitation - Election Commission of India . eci.gov.in . 5 February 2021.
  14. News: 2022-02-05. Many seats redrawn in J&K delimitation draft. en-IN. The Hindu. 2022-02-11. 0971-751X.
  15. News: 2022-05-09 . The Jammu and Kashmir Delimitation report . en-IN . The Hindu . 2022-05-16 . 0971-751X.
  16. Web site: 2022-05-21 . Orders of J&K Delimitation Commission take effect . 2022-05-21 . Hindustan Times . en.
  17. News: 2023-12-12 . Parliament passes J-K Reservation, J-K Reorganisation (Amendment) Bills . The Economic Times . 2023-12-12 . 0013-0389.
  18. Web site: 2023-12-11 . Rajya Sabha passes J&K Bills on reservation, Assembly representation . 2023-12-12 . Moneycontrol . en.
  19. Web site: 2020-03-14 . What is the Jammu and Kashmir Reorganisation Bill, 2019? . 2023-12-12 . Jagranjosh.com . en.
  20. Web site: 2023-12-11 . Parliament passes J-K reservation and reorganisation amendment bills: Know all about them . 2023-12-12 . www.indiatvnews.com . en.
  21. Web site: Omar Thanks NC MLAs for Electing Him Leader of Legislature Party . 10 October 2024 .
  22. Web site: Home Jammu and Kashmir Legislative Assembly . 2022-07-13 . jkla.neva.gov.in.
  23. https://www.oneindia.com/india/nc-legislators-thumbs-up-omar-abdullah-for-j-k-chief-minister-011-3958009.html
  24. https://jkla.neva.gov.in/Member/SecDetails/3