The Opposition on Saturday denounced the Centre’s move to widen the scope of Jammu and Kashmir lieutenant governor’s (LG) powers on key administrative and legal matters — ranging from police and public order to postings and prosecution sanction — saying that the step will render the chief minister “powerless” and “disempower” the region’s people.
The ministry of home affairs (MHA) on Friday amended the transaction rules pertaining to the J&K Reorganisation Act, 2019, which was enacted alongside the revocation of Constitution’s Article 370 for the bifurcation of the erstwhile state into the Union Territories of J&K and Ladakh.
The amendments give LG, who reports to the Centre, more say in various matters of administrative importance, including those related to the region’s police and anti-graft bureau.
“No proposal which requires previous concurrence of the Finance Department with regard to Police, Public Order, All India Service and Anti Corruption Bureau to exercise the discretion of the Lieutenant Governor under the Act shall be concurred or rejected unless it has been placed before the Lieutenant Governor through the Chief Secretary’,” the inserted sub-rule (2A) said. Earlier, these proposals required an approval from J&K’s finance department before reaching LG.
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According to another new rule, the appointment of top law officers will now have to be approved by LG.
“Department of Law, Justice and Parliamentary Affairs shall submit the proposal for appointment of Advocate-General and other Law Officers to assist the Advocate-General in the court proceedings, for approval of the Lieutenant Governor through the Chief Secretary and the Chief Minister,” rule 42A states. These appointments were previously decided by the J&K government.
The J&K LG will now also have a say on the grant or refusal of prosecution sanction, the amendments said. “Any proposal regarding grant or refusal of prosecution sanction or filing of an appeal shall be placed before the Lieutenant Governor through the Chief Secretary by the Department of Law, Justice and Parliamentary Affairs,” the inserted rule 42B said. This was earlier decided by the cabinet or CM.
The MHA notification added that any recommendation related to the posting and transfer of bureaucratic staff will have to be routed through LG’s office.
“…In respect of matters connected with posting and transfer of Administrative Secretaries and cadre posts of All India Services officers, the proposal shall be submitted to the Lieutenant Governor by the Administrative Secretary, General Administration Department through the Chief Secretary,” it said.
Additionally, matters related to prisons, the Directorate of Prosecution and the Forensic Science Laboratory will also be handled directly by LG, according to the notification. MHA officials clarified that the amendments were made to the “transaction of business rules” and not the J&K Reorganisation Act, 2019. “The notification regarding transaction of business rules is not amendment to the Jammu and Kashmir Reorganization Act, 2019. It is a simple amendment to the transaction rules which are issued to avoid any ambiguity,” said an MHA official who didn’t want to be named.
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The amendments, which came into effect months before elections are expected to be held in the region, drew condemnation from the Opposition.
Former J&K chief minister and National Conference vice president Omar Abdullah said the move indicated that elections were “around the corner”, adding that “a firm commitment laying out the timeline” for restoration of J&K’s statehood was a prerequisite for the polls.
“The people of J&K deserve better than powerless, rubber stamp CM who will have to beg the LG to get his/her peon appointed,” he said in a post on X. J&K has not had an elected government since December of 2018.
Peoples Democratic Party (PDP) president and former chief Minister Mehbooba Mufti said the movie will convert the J&K assembly into a municipality. “In 2019, J&K was bifurcated into pieces, even our special status was taken away in an undemocratic way. The (rules) are aimed at converting the once powerful state assembly into a municipality,” she said in a video message.
Congress president Mallikarjun Kharge accused the central government of continuing to “betray J&K”.
“Modi Govt wants to delay the restoration of full statehood to Jammu and Kashmir, even though the Supreme Court has mandated Assembly Elections by Sept 30th, 2024. Even if full statehood is restored, it wants to keep the newly elected State Govt at the mercy of the LG, by clamping its executive power,” he posted on X
Apni Party chief Altaf Bukhari appealed to political parties to shun their differences and unitedly raise their voice against the Centre’s move. “We appeal to all parties to shun political differences and come together on this issue. If we cannot stand united today, then we will never be. We should ensure that the statehood that we get is not hollow and has all powers to serve people. “We have to be united to serve the interests of the people,” he said.
The BJP rejected the charge, with its spokesperson Altaf Thakur accusing the Opposition of trying to unnecessarily criticise centre government. “The amendments are part of Reorganisation process and nothing new.”
Aisha Patel is a dedicated Indian correspondent with a deep understanding of the nation’s diverse affairs. With a background in Indian culture, politics, and current events, she provides in-depth analysis and timely reporting on domestic issues within India.
