The J&K Legislative Assembly

In the previous chapter, we explored how the Union Territory of Jammu & Kashmir is represented at the national level in the Lok Sabha and the Rajya Sabha. But who makes the everyday laws for the people of J&K? Who decides on local issues like municipal governance, state taxes, and regional development?

That responsibility falls to the J&K Legislative Assembly.

Understanding the structure of this Assembly is one of the most important parts of mastering the J&K Reorganisation Act, 2019. The numbers surrounding the Assembly—107, 114, 83, 90, and 24—can often feel like a confusing math puzzle. In this chapter, we are going to break down exactly how the Assembly is composed, how the seats are divided, the historic new reservations for marginalized communities, and the special nominations introduced in 2023. By the end of this read, you will understand the math and the reasoning behind every single seat.

A Union Territory with a Legislature

When the former State of Jammu & Kashmir was bifurcated in 2019, it was split into two distinct types of Union Territories (UTs). Ladakh was created as a UT without a legislature, meaning it is administered directly by the Centre through a Lieutenant Governor, much like the Andaman and Nicobar Islands or Chandigarh.

Jammu & Kashmir, however, was created as a UT with a legislature.

To do this, Section 13 of the J&K Reorganisation Act applied Article 239A of the Indian Constitution to J&K. Article 239A is the exact same constitutional provision that governs the administration of Puducherry.

Because J&K has a Legislative Assembly, it will have its own elected Members of Legislative Assembly (MLAs), its own Chief Minister, and its own Council of Ministers to run the day-to-day government. The Assembly has the power to make laws on any subject in the State List or Concurrent List of the Constitution—with the strict exception of "Public Order" and "Police," which remain under the direct control of the Union Government.

The Magic Numbers: From 107 to 114

If you look at the original text of the J&K Reorganisation Act passed in August 2019, and then look at the news from 2022 and 2023, you will see different numbers for the total size of the Assembly. This is the most common trap for students. Let us clear it up right now.

There are two sets of numbers you need to know: the Original 2019 Numbers and the Post-Delimitation 2022 Numbers.

1. The Original 2019 Act Numbers

When the Act was first passed, Section 14 defined the size of the new UT's Assembly like this:

• Total Seats: 107
• Vacant Seats for PoK: 24
• Effective Elected Seats: 83 (which was 107 minus 24)

2. The Post-Delimitation Numbers (Current)

The 2019 Act also mandated that a Delimitation Commission be set up to redraw the constituencies and increase the number of effective seats. After this commission finished its work in 2022 (and the Act was officially amended in 2023 to reflect this), the numbers changed to:

• Total Seats: 114
• Vacant Seats for PoK: 24
• Effective Elected Seats: 90 (which is 114 minus 24)

The 24 Vacant Seats for PoK

You might be wondering: why are 24 seats added to the total if no one sits in them?

This is a matter of profound constitutional and national importance. A portion of the territory of Jammu & Kashmir is currently under the illegal occupation of Pakistan. This area is officially referred to as Pakistan-occupied Kashmir (PoK).

The official and constitutional position of the Republic of India is absolute: the entire territory of Jammu & Kashmir, including the area under illegal occupation, is an integral and inalienable part of India. To reflect this reality in the law, Section 14(3) of the J&K Reorganisation Act explicitly states that 24 seats in the Legislative Assembly shall be reserved for the territory of PoK.

Because elections cannot currently be held in these occupied territories, these 24 seats remain permanently vacant.

The Delimitation Commission of 2020-2022

To understand how the effective seats jumped from 83 to 90, we have to look at the Delimitation Commission.

In the former State of J&K, the last delimitation was done way back in 1995 (based on the 1981 census). In 2002, the then-state government froze the delimitation process until 2026. However, because the 2019 Reorganisation Act created a brand new Union Territory and mandated an increase in seats, a new delimitation exercise became legally necessary.

In March 2020, the Union Government constituted a Delimitation Commission for J&K.

• Headed by: Justice Ranjana Prakash Desai (a retired judge of the Supreme Court of India).
• Other key members: The Chief Election Commissioner of India (Sushil Chandra) and the State Election Commissioner of J&K (K.K. Sharma).

The Commission was tasked with redrawing the map of J&K's assembly constituencies based on the 2011 Census, while also taking into account physical features, geographical compactness, and the facilities available near the international borders.

The Regional Balance: Jammu and Kashmir

Before this delimitation, the 83 effective seats were divided as 37 for the Jammu region and 46 for the Kashmir region.

The Delimitation Commission added 7 new seats in total to bring the number to 90. They distributed these new seats to address historical imbalances in representation, factoring in the difficult terrain and vast geographical areas of certain districts.

• Jammu Region: Received 6 new seats, bringing its total from 37 to 43 seats.
• Kashmir Region: Received 1 new seat, bringing its total from 46 to 47 seats.

Total: 43 (Jammu) + 47 (Kashmir) = 90 effective seats.

Historic Reservations: SCs and STs

One of the most significant social changes brought about by the Reorganisation Act and the subsequent delimitation was the introduction of political reservation for marginalized communities.

In the past, the Constitution of the erstwhile State of Jammu & Kashmir did not provide for the reservation of Assembly seats for Scheduled Tribes (STs). This meant that large tribal populations, such as the Gujjars and Bakarwals, lacked guaranteed political representation in the state's highest law-making body.

The new framework changed this completely:

1. 1Scheduled Castes (SCs): 7 seats are reserved for SCs. (Note: SC reservation existed previously as well, but the number was adjusted to 7).
2. 2Scheduled Tribes (STs): 9 seats are reserved for STs. This is a historic first for the J&K Legislative Assembly.

Nominations by the Lieutenant Governor

In a standard Legislative Assembly, members are directly elected by the public. However, to ensure that vulnerable or displaced communities have a guaranteed voice, the law allows the Lieutenant Governor (LG) to nominate specific members to the Assembly.

These nominated members sit in the Assembly alongside the 90 elected MLAs.

1. Representation for Women

Under the original 2019 Act (Section 15), if the Lieutenant Governor feels that women are not adequately represented in the Legislative Assembly, they have the power to nominate two women as members.

2. The 2023 Amendment: Migrants and Displaced Persons

In December 2023, Parliament passed the Jammu and Kashmir Reorganisation (Amendment) Act, 2023. This amendment was a massive step for social inclusion, adding two entirely new categories of nominated members to the Assembly:

• Kashmiri Migrants (Section 15A): The LG can nominate up to two members from the Kashmiri Migrant community. The law strictly mandates that out of these two, at least one must be a woman.

(A "Migrant" is legally defined as someone who migrated from the Kashmir Valley or other parts of the state after November 1, 1989, due to disturbed conditions, and is registered with the Relief Commissioner).

• Displaced Persons from PoJK (Section 15B): The LG can nominate one member representing displaced persons from Pakistan-occupied Jammu and Kashmir (PoJK).

(This refers to individuals who were forced to leave their homes in the territories occupied by Pakistan and now reside elsewhere).

By adding these nominations, the law ensures that communities who were forced out of their ancestral homes—and who are now scattered across the country, making it impossible for them to win a concentrated local election—still have dedicated voices speaking for them inside the J&K Assembly.

Worked Example: Calculating the Assembly's Size

Let us put all these numbers together in a practical scenario so you can visualize exactly what the inside of the J&K Legislative Assembly looks like.

Step 1: The Elected Core The public goes to the polls and votes in 90 constituencies. Result: 90 Elected MLAs (43 from Jammu, 47 from Kashmir).

Step 2: The Reserved Categories (Included in the 90) Out of those 90 elected MLAs, the law guarantees that at least 7 will belong to Scheduled Castes, and 9 will belong to Scheduled Tribes. Result: The 90 seats are socially inclusive.

Step 3: The Nominated Members The Lieutenant Governor exercises their power to ensure no one is left behind. They nominate:

• 2 Women (if inadequately represented)
• 2 Kashmiri Migrants (at least 1 woman)
• 1 Displaced Person from PoJK

Result: Up to 5 Nominated MLAs join the house.

Step 4: The Vacant Seats 24 chairs are placed in the Assembly but remain empty, symbolizing the territory of PoK. Result: 24 Vacant Seats.

The Final Tally: 90 (Elected) + 5 (Nominated) = 95 sitting members making laws. 90 (Elected) + 24 (Vacant) = 114 total constitutional size of the elected house.

(Note: When a Chief Minister needs to prove a simple majority to form a government, they generally need the support of more than half of the sitting members. Half of the 90 elected seats is 45, making 46 the magic number for an elected majority).

Quick Revision

Before you close this chapter, scan these high-yield points to lock the facts into your memory:

• Type of UT: J&K is a Union Territory with a legislature (Article 239A), unlike Ladakh which has no legislature.
• Total Seats: The constitutional size of the Assembly is 114 seats.
• Effective Seats: The number of seats that actually see elections is 90.
• PoK Seats: 24 seats are kept permanently vacant for Pakistan-occupied Kashmir. They do not count for quorum or majority.
• Regional Split: Out of the 90 effective seats, 43 are in the Jammu region and 47 are in the Kashmir region.
• Delimitation Head: The 2022 Delimitation Commission was headed by retired Supreme Court Judge Justice Ranjana Prakash Desai.
• Reservations: 7 seats are reserved for SCs, and 9 seats are reserved for STs (a historic first).
• 2023 Nominations: The LG can nominate 2 Kashmiri Migrants (including at least 1 woman) and 1 displaced person from PoJK.
• Women's Nomination: The LG can also nominate 2 women if they are inadequately represented in the elected body.