What the Assembly Can and Cannot Make Laws On
The core rule: Section 32
The J&K Assembly can make laws on any matter in the State List or the Concurrent List (as they apply to Union Territories), except two subjects:
- Entry 1: Public Order
- Entry 2: Police
Parliament keeps the power to make laws on any matter for the UT. If an Assembly law clashes with a Parliament law, the Parliament law generally prevails (Section 35). The exception is an Assembly law that was reserved for the President and received assent: that law prevails in J&K.
Other points
- Money Bills: the Act has a full set of financial procedures (annual statement, demands for grants, Appropriation Bills, vote on account). The Assembly can cut or reject non-charged demands, but not vote on charged expenditure such as the LG's emoluments or High Court judges' salaries.
- Ordinances: the LG can promulgate them when the House is not sitting. They lapse six weeks after the House meets, unless disapproved earlier.
- Union property is exempt from the UT's taxes unless Parliament provides otherwise.
Compare: J&K, Delhi and Puducherry
| Feature | J&K (UT) | Delhi | Puducherry |
|---|---|---|---|
| Article | 239A (via the Act) | 239AA | 239A |
| Assembly | 90 elected + up to 5 nominated (114 with PoK vacancies) | 70 elected | 30 elected + 3 nominated |
| Excluded from Assembly | Public Order, Police | Public Order, Police, Land | None of these |
| Council of Ministers | up to 10% | up to 10% | Set by its own law |
| Head | LG | LG | LG |
| Chief Minister | Appointed by LG | Appointed by President | Appointed by President |
Keep practising
Notes are only half the work. Test yourself with questions and discuss doubts with other aspirants.
Prepared for exam revision from standard sources, official publications and the Census. Figures and recent developments change, so check official sources before relying on them. Found a mistake? Tell us.