The first part of this discussion traced how decades of bureaucratic control, overlapping permissions and administrative discretion constrained entrepreneurship in Jammu and Kashmir. The Ease of Doing Business Act, 2026, seeks to reverse that relationship, making government a facilitator of lawful enterprise rather than an obstacle to its establishment and growth.

Chief Minister Omar Abdullah, defending the legislation in the Assembly, emphasised government’s responsibility to create an enabling environment for private enterprise. He identified administrative delays as a source of corruption and defended deemed approvals as a safeguard against indefinite official inaction. 

Yet, the legislation has raised apprehensions among the Group of Concerned Citizens (GCC), the Environment Policy Group (EPG) and some political leaders over its implications for ecology, urban planning, regulatory oversight, industrial land and local employment. Concerns voiced by distinguished former administrators and professionals certainly merit consideration.

Having examined these concerns, I have ventured to consolidate them into seven broad categories; each to be assessed against the Act’s guiding principles, specific provisions and statutory safeguards. The objective is to distinguish genuine deficiencies from apprehensions arising out of incomplete interpretation or unfounded fears.

First Objection The first objection concerns the supposed conflict between Ease of Doing Business and Ease of Living. GCC fears that facilitating entrepreneurs could compromise the interests of ordinary citizens. Yet Section 3(a), establishing the principle of Permission by Exception, explicitly states:“No prior permission, approval, or restriction shall be imposed except where justified by law in furtherance of a legitimate public interest.”Section 3(c) requires regulatory scrutiny to be proportionate to actual risks, while Section 3(g), under Economy, Equity and Environment, incorporates sustainable and inclusive development. Section 4 further obliges authorities to protect the interests of the general public rather than merely sectional or individual interests.

Public welfare is thus embedded in the legislation’s guiding philosophy. Employment generation, economic self-reliance and opportunities for educated youth are themselves essential components of Ease of Living. The two objectives need not be portrayed as competing interests.Second Objection The second apprehension concerns deemed approvals and the three-year moratorium on inspections. Critics fear that enterprises could proceed without scrutiny and remain beyond regulatory reach. But the Act distinguishes administrative delays from statutory compliance.Sections 11 and 12 prescribe time-bound in-principle approvals while requiring applicable regular approvals within three years. Section........

© Greater Kashmir