More power to LG as MHA amends J&K Reorganisation Act; opposition criticizes move

The Ministry of Home Affairs has amended the Jammu and Kashmir Reorganisation Act, 2019, giving more power to the Lieutenant Governor of the union territory in critical matters ahead of soon-to-be-held assembly polls.

"No proposal which requires previous concurrence of the Finance Department about police, public order, AIS and ACB to exercise the discretion of the Lt Governor under the Act shall be concurred or rejected unless it has been placed before the Lt Governor through the Chief Secretary," the notification on July 12 said.

According to the notification, any proposal about grant or refusal of prosecution sanction or filing of an appeal will be placed before the Lt Governor through the Chief Secretary by the Department of Law.

The change indicates that there will be limited powers for the elected government in the union territory in matters such as internal security, transfers, prosecution, and appointment of government lawyers, including the Attorney-General.

According to the amendments, almost all key proposals would now go to the Lieutenant Governor through the Chief Secretary.

For the appointment of an Advocate-General and other law officers to assist the Advocate-General in the court proceedings, the Department of Law, Justice and Parliamentary Affairs will submit the proposal and get approval from the Lt Governor through the Chief Secretary and the Chief Minister.

The Ministry of Home Affairs has also amended the transaction of business of the Government of Union Territory of Jammu and Kashmir Rules 2019.

Last year, the Supreme Court upheld the abrogation of Article 370, which granted special status to the region. The top court further directed the Election Commission of India (ECI) to conduct assembly polls by September 30, 2024.

The former state has been without a government or chief minister since June 2018 as the last assembly elections in J&K were held in December 2014, nearly a decade ago.

Current LG in the union territory, Manoj Sinha a Bharatiya Janata Party (BJP) leader and three-time MP took charge in November 2020.

Earlier, the Peoples Democratic Party (PDP) chief Mehbooba Mufti was the chief minister of the then-state in the coalition government with the Bharatiya Janata Party (BJP) which later collapsed.

Major parties in the erstwhile state like the National Conference (NC) and the People's Democratic Party (PDP) have termed the government's action an attempt to turn an elected government into a municipal council.

Ex-CM Omar Abdullah and the National Conference (NC) vice-president said that the people of Jammu and Kashmir deserve better than a ‘powerless’ chief minister.

“Another indication that elections are around the corner in J&K. This is why a firm commitment laying out the timeline of restoration of full, undiluted statehood for J&K is a prerequisite for these elections. The people deserve better than a powerless, rubber stamp CM who will have to beg the LG to get his/her peon appointed,” Abdullah posted on X (formerly Twitter).

J&K became a UT in October 2019 following the abrogation of Article 370 in August of that year.