Srinagar, Oct 10: Warning of multiple legal and regulatory challenges under the existing framework of the Jammu and Kashmir Reorganisation Act, 2019, legal experts have raised concerns over the National Conference’s promise of providing 200 units of free electricity to the people within days after forming the government in Jammu & Kashmir.
According to these experts, while the NC-led government may control certain aspects of electricity distribution, the broader regulatory powers required to fulfill such promises remain with the Union Government.
Under the Act, electricity falls under the Concurrent List, which means that both the Union Government and the J&K Legislative Assembly can legislate on the subject. However, the Union Government retains ultimate authority over electricity regulation, including setting tariffs and overseeing energy policy.
Legal experts said that while the Chief Minister and the J&K government will manage the day-to-day distribution of electricity, they cannot unilaterally alter electricity rates or implement new policies without the approval of the Lieutenant Governor (LG), who acts as the Centre’s representative in the Union Territory.
“To implement its promise of providing free electricity, the government will need to carefully navigate this legal landscape,” legal analysts said. “The legislative assembly’s role is limited to managing the supply and distribution within the framework allowed by the Centre, but any major change in tariffs or electricity subsidies will require approval from the Union Government, particularly through the LG.”
Experts further said that achieving such a promise would require close coordination with the Union Government to avoid any conflict with federal power regulations.
“Government will have to secure approval for any changes in electricity tariffs or additional subsidies, and that can only be done if they maintain a cooperative relationship with the Centre,” they added.
NC’s vice president Omar Abdullah has already hinted at the importance of good relations with the Union Government on Wednesday while speaking to reporters. “People didn’t vote for us to fight with the Centre,” he said.
Legal experts believe that the statement of Omar Abdullah reflects the new government’s understanding that a confrontational approach will not help in delivering promises like free electricity, which depend heavily on cooperation with the Centre.
Beyond seeking the necessary regulatory approvals, legal experts also said that the financial viability of the scheme will also come under scrutiny.
Providing 200 units of free electricity will require a good financial commitment, and funding such a program may need both state and central financial support, they said, adding that the cost implications are significant, and without adequate financial resources or backing from the Centre, this promise could remain out of reach.
