The Jammu and Kashmir Reorganisation Bill,2019 has paved the way for the formation of the Union Territory of J&K.It will join two other Union Territories with legislature namely Delhi and Puducherry.
The J&K bill states that the provisions contained in Article 239 A of the Constitution that are applicable to Union Territory of Puducherry shall also apply to the Union Territory of Jammu and Kashmir.
Article 239 A of the Constitution provides for a Legislative Assembly to enact laws on certain subjects and a Council of Ministers headed by a Chief Minister to aid and advise the Lieutenant-Governor(LG) on subjects related to such legislation.
For subjects outside the purview of the Assembly,the LG does not need the aid and advice of the Chief Minister.
The J&K Bill proposes that the Assembly can make laws on any subject in the State and Concurrent lists except on state subjects relating to public order and police.Therefore,all laws on these two subjects will be directly under the Centre.This is the case in Delhi too.
However,in Delhi under Article 239AA and by the 69th Constitutional Amendment,the Assembly cannot legislate on matters in entry 18 of the State List which is land.In J&K,the Assembly can do so.
The Control of the Anti-Corruption Bureau(ACB) was a contentious issue between Delhi government and the Centre.In 2019,Supreme Court had held that the ACB will be under the control of the L-G and the Delhi government has no police powers.
For the proposed UT of Jammu & Kashmir,the Bill is very clear.It states that all appointments and other administrative matters related to the ACB will be directly under the Lieutenant-Governor.
In Delhi,another bone of contention has been services.A Supreme Court Bench has differed on the issue of transfer of officers posted in Delhi, and referred the matter to a three-judge Bench.
For J&K,the Bill make it clear that the Lieutenant-Governor will have discretionary powers relating to composition,strength and allocation of officers.