Laws that the Chief Minister of Jammu and Kashmir can and cannot make – a detailed overview

Immediately after taking over as chief minister of the Union Territory of Jammu and Kashmir, Omar Abdullah posted a photo of himself at the desk in his office with the caption, “I’m back.” The quote Abdullah used was famously popularized by NBA legend Michael Jordan, who paused his basketball career in 1993 to explore options in baseball. In 1995, Jordan announced his return to the NBA in a two-word press release: “I’m back.” Perhaps Abdullah was referring to his last stint as chief minister from 2009 to 2015, but a lot has changed in Jammu and Kashmir. Since then, Article 370, which provided autonomy in his right to statehood, has been abolished and the state of Jammu and Kashmir has been reorganized as a Union Territory.

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The functioning of the government in Jammu and Kashmir will now be very different in terms of governance, judiciary and executive than when the last parliamentary elections were held in 2014. As per the administrative laws of the Union Territory, Jammu and Kashmir will have the same rules. applied as they are in the Union Territory of Puducherry.

The Chief Minister of Jammu and Kashmir has limited powers compared to the Chief Ministers of other states. Since Jammu and Kashmir is a Union Territory, the Center retains significant control over its laws. Furthermore, all laws enacted by the Union Territory must be in accordance with the policies and guidelines of the Center. This is due to the Centre’s power to legislate on issues such as law and order and policing, which are critical to governance. In addition, the lieutenant governor, appointed by the president, has the authority to act independently in matters beyond the legislative powers of the General Assembly.

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I just mention a brief overview of all the laws that the newly appointed Prime Minister Omar Abdullah will or will not be able to implement:

Laws that the CM of Jammu and Kashmir can issue

The Chief Minister of the Union Territory of Jammu and Kashmir has the power to create legislation in various local sectors. These areas of focus primarily focus on the governance and well-being of the people within the UT. The laws that can be enacted include:

1. Municipal Laws: The CM can make regulations relating to local government, such as the Municipal Law of Jammu and Kashmir.

2. Panchayati Raj Laws: Legislation relating to local self-government at the village level, such as the Jammu and Kashmir Panchayati Raj Act.

3. Education Laws: Laws aimed at shaping the education system, such as the Jammu and Kashmir Education Act.

4. Health Laws: Policies that impact public health, such as the Jammu and Kashmir Health Law.

5. Agricultural Laws: Laws that regulate agricultural practices, such as the Jammu and Kashmir Agricultural Law.

6. Tourism Laws: Legislation to promote and regulate tourism as reflected in the Jammu and Kashmir Tourism Act.

7. Transport Laws: Regulations governing the transport systems of the UT, including the Jammu and Kashmir Transport Act.

8. Labor Laws: Laws relating to the welfare and rights of workers such as the Jammu and Kashmir Labor Act.

9. Social Welfare Laws: Laws to support the vulnerable and needy, such as the Jammu and Kashmir Social Welfare Act.

Laws that the CM of Jammu and Kashmir cannot enact

There are several crucial areas of legislation over which the Prime Minister cannot have direct influence as they fall under the purview of the central government. These include:

1. Tax Laws: Matters related to Income Tax, GST and other Central Taxes.

2. Defense and Military Laws: Policies relating to national defense are fully controlled by the Centre.

3. Foreign Policy Laws: All matters relating to foreign affairs are outside the jurisdiction of the CM.

4. National Security Laws: The enactment of laws relating to internal and external security lies with the Centre.

5. Citizenship Laws: The UT government has no say in legislation regarding citizenship.

6. Constitutional Amendment Laws: Amending the Indian Constitution is beyond the purview of the UT government.

7. Union Territories Laws: General laws relating to UTs, except those specific to Jammu and Kashmir.

8. Relations between the Center and the States: Legislation affecting the relationship between the Center and the States is controlled by the Union Government.

9. Inter-state trade and commerce laws: Trade laws that transcend state boundaries are regulated centrally.

10. National Road and Railway Acts: The maintenance and regulation of national highways and railways are under the central government.

Limited laws (center approval required)

Some laws can be proposed by the CM but require approval from the central government:

1. Police Laws: Laws relating to policing require the approval of the Center.

2. Land Revenue Laws: The Center must approve any changes in land revenue laws.

3. Electricity laws: Policies on energy supply and distribution also require central supervision.

4. Water Resources Laws: Water resources management falls under the same category of central approval.

Special provisions

Certain constitutional provisions and legal frameworks give the Center significant control over the legislative powers of Jammu and Kashmir:

1. Article 239 of the Constitution of India: Grants the Center the power to administer Union Territories.

2. Jammu and Kashmir Reorganization Act, 2019: Provides the Center with oversight of laws passed in the Union Territory.

3. Role of the Lieutenant Governor: Some laws require the approval of the Lieutenant Governor before going into effect.