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What the Assembly Can and Cannot Make Laws On

What the Assembly Can and Cannot Make Laws On

Two Union Territories · 2 min read

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

FeatureJ&K (UT)DelhiPuducherry
Article239A (via the Act)239AA239A
Assembly90 elected + up to 5 nominated (114 with PoK vacancies)70 elected30 elected + 3 nominated
Excluded from AssemblyPublic Order, PolicePublic Order, Police, LandNone of these
Council of Ministersup to 10%up to 10%Set by its own law
HeadLGLGLG
Chief MinisterAppointed by LGAppointed by PresidentAppointed by President

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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.