The central government has increased the administrative powers of the Lieutenant Governor (LG) of Jammu and Kashmir. Like in Delhi, the state government in Jammu and Kashmir will no longer be able to transfer or post officers without the Governor’s approval. Assembly elections are scheduled to be held in Jammu and Kashmir by September this year. Let me inform you that no elections have been held in the state since Article 370 was abrogated in 2019, and finally, the Supreme Court ordered the government to conduct elections in the state by September this year. In this context, the central government’s decision to increase the powers of the Governor becomes very important because, with these powers, the LG will hold the authority to make important decisions regardless of which government is formed in the state. Regarding this, former Chief Minister of Jammu and Kashmir, Omar Abdullah, has said that now the Jammu and Kashmir government will have to beg the LG for everything.
The Ministry of Home Affairs has provided information about the amended rules under Section 55 of the Jammu and Kashmir Reorganization Act, 2019, which include new sections granting more powers to the LG. After this amendment, the Governor will now have more rights in matters related to police, law and order, and All India Services (IAS and IPS). Let’s first understand the points added through the amendment. Two points have been added:
42A: Under this, any proposal concerning ‘police’, ‘public order’, ‘All India Services’, and ‘Anti-Corruption Bureau’ will require the prior consent of the finance department and will not be accepted or rejected until it is presented to the Governor through the Chief Secretary.
42B: Any proposal related to granting or denying prosecution sanction or filing an appeal will be placed before the LG through the Chief Secretary by the law department.
The government has amended the Transaction of Business Rules. The LG will now have more rights than the elected government in matters of All India Services, public order, police, and several other matters. The appointments of Advocate Generals and other law officers will also need to be placed before the LG for approval through the Chief Secretary. So, even if a Chief Minister is elected in Jammu and Kashmir, the Lieutenant Governor will remain more powerful.
On this, National Conference leader and former Chief Minister of J&K, Omar Abdullah, criticized the government, saying, “This is another indication that elections in Jammu and Kashmir are going to be held soon. This is why a firm commitment to restoring the status of Jammu and Kashmir as a full, undivided state before these elections is a condition. The public deserves better than a powerless, rubber-stamp Chief Minister.”
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