Question

Q.4. Write a note on Jammu and Kashmir Act of 1988 (Twenthieth Amendement)​

Answer 1

Answer:

Jammu & Kashmir Legislative Assembly

The State of Jammu and Kashmir was governed by Dogra rulers till 1947 when Maharaja Hari Singh signed the Instrument of Accession in favour of the Indian Union on 26 October 1947. The first Legislature of Jammu and Kashmir, consisting of a Council of Ministers and an Assembly, was established in 1934. The Constitution of the State of Jammu and Kashmir framed by a separate Constituent Assembly came into force from 26 January 1957. Section 46 of the Jammu & Kashmir Constitution states that the Legislature shall consist of the Governor and the two Houses known as the Legislative Council (Upper House) and the Legislative Assembly (Lower House). The Legislative Assembly consisted of one hundred members chosen by direct election from the territorial constituencies in the State. Subsequently, under the Constitution of Jammu and Kashmir (Twentieth Amendment) Act, 1988 – this was raised to 111. However, as per section 48 of the State Constitution, twenty-four seats shall remain vacant in the Legislative Assembly for the area of the State presently under the occupation of Pakistan. These seats are not taken into account for reckoning the total membership of the Assembly. Provision has also been made for the nomination of two women as members of the Assembly by the Governor, if he is of the opinion that women are not adequately represented in the Legislative Assembly.

The Legislature of Jammu and Kashmir is bicameral. The Jammu and Kashmir Legislative Assembly at present consists of 89 members out of which 87 are elected and 2 are nominated. The Assembly has its own Rules of Procedure and Conduct of Business to regulate the business of the House. These rules have been amended from time to time. The tenure of the Assembly is six years unless sooner dissolved.

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