Five years after the abrogation of Article 370, Jammu and Kashmir is on the verge of witnessing a democratic shift as Omar Abdullah, vice-president of the National Conference (NC), prepares to take office as the first chief minister of the Union territory since its status was downgraded in 2019. His swearing-in on Wednesday marks a significant political moment, symbolising the restoration of democratic governance in the region and offering a glimpse into the current political pulse of its people.
Omar Abdullah, a seasoned politician who has previously served as chief minister, is no stranger to the complexities of governance in the region. However, the dynamics have shifted significantly since 2019 — not least because, until then, J&K also functioned under its own constitution but for a few realms.
Jammu and Kashmir is no longer a full-fledged state but a Union territory, meaning considerable power lies with the lieutenant governor (LG), and, by extension, the central government.
His government will be constrained by the structural limitations inherent in the Union territory framework. In this system, his administration will be, to a large extent, subordinate to the federally appointed lieutenant governor (LG). This means that many significant powers, including law and order, and, possibly, key areas of governance, will rest with the LG rather than the elected chief minister, creating potential friction and limiting the autonomy the Abdullah government can exercise.
Abdullah, aware of these challenges, has indicated that while reinstating Article 370 remains a long-term goal, immediate confrontations with the Centre will be avoided to ensure stability and effective governance in the deeply complex region.
Dependency On The Lieutenant Governor
Omar Abdullah, the Chief Minister-elect of Jammu and Kashmir, faces the formidable challenge of operating within the constraints of the Union territory governance structure, which heavily relies on the LG. Even though many decisions should technically fall under the local administration’s jurisdiction, Abdullah’s government will need the LG’s approval at every step. This dynamic, enshrined in the Jammu and Kashmir Reorganisation Act, threatens to slow decision-making processes, create bureaucratic obstacles, and affect the overall efficiency of governance.
Section 53 of the Act grants the LG sweeping powers, often superseding the authority of the legislative assembly itself. According to this provision, while the Council of Ministers, headed by the chief minister, is supposed to aid and advise the LG, the latter can exercise discretionary powers when required, particularly in judicial or quasi-judicial matters. This framework sharply limits the autonomy of the elected government, stifling its ability to act independently or deliver on crucial promises such as job creation or the restoration of full statehood.
The situation in Jammu and Kashmir mirrors the long-standing governance struggles seen in Delhi, another Union territory with an assembly. The tug-of-war between the Delhi government and its federally appointed LG has frequently showcased how central intervention can overshadow a democratically elected leadership. Given Jammu and Kashmir’s strategic significance, especially in the aftermath of Article 370 abrogation, the central government is unlikely to allow Abdullah’s administration to function freely without significant oversight. The BJP-led central government, deeply invested in the region’s political trajectory, is expected to maintain strict control, ensuring that local governance aligns with national interests. This suggests that, much like Delhi, Jammu and Kashmir could also become a battleground of conflicting politics.
Sweeping Powers Of The LG
In July 2024, the Union Home Ministry issued the Jammu & Kashmir (Second Amendment) Government Business Transaction Rules, further clarifying the division of powers between the LG and the elected ministers. These rules define the governance structure, reinforcing the LG’s authority over critical areas, while outlining the role of the elected government.
The amendment has conferred extensive powers upon the LG in Jammu and Kashmir, particularly in crucial areas like police, public order, All India Services, and the Anti-Corruption Bureau. The LG also controls the transfers and postings of administrative secretaries and All India Services officers.
Without direct control over these areas, Omar Abdullah will face significant hurdles in managing the administration. This power structure effectively sidelines Abdullah’s influence over law and order, which remains one of the primary issues in the Valley, given the region’s security concerns.
Moreover, the lack of authority over government officials means Abdullah could face resistance from bureaucrats, who will report to the LG rather than the UT government. This has already been witnessed in Delhi, where the LG’s dominance creates friction between officials and the elected government, leading to a lack of coordination and governance paralysis. In Jammu and Kashmir, a region grappling with deep-rooted issues like terrorism, drug trafficking, and internal security threats, the absence of control over bureaucratic operations will pose a significant governance challenge f0r Abdullah.
Numerous reports underscore the pressing need for improved safety and security in Jammu and Kashmir, a demand central to the concerns of its residents. Yet, with the police and public order outside the local government’s jurisdiction, Abdullah’s administration may struggle to address these anxieties effectively. Essentially, in terms of law and order, the Abdullah government could be reduced to a bystander, making the task of running the administration even more daunting in such a politically sensitive and volatile region.
LG’s Discretionary Powers
Under the J&K Reorganisation Act, 2019, the LG can override decisions made by the state government, centralising authority in a region already marked by political complexity. The LG has the constitutional backing to intervene in virtually any decision, even those traditionally reserved for the local administration.
This legal structure mirrors issues seen in Delhi: While the Supreme Court clarified the role of the LG, stating that they should act in accordance with the elected government except in matters of land, police, and public order, in practice, the LG continues to exert influence beyond this scope. Expecting a more harmonious relationship between the LG and the government in Jammu and Kashmir, a far more politically sensitive region, may indeed be unrealistic.
For Omar Abdullah’s administration, this creates a significant governance challenge. Every policy, law, or initiative requires LG approval, meaning even well-intended reforms could be vetoed. The LG’s control over budgetary allocations and the power to reserve bills for the President’s assent further diminishes the elected government’s autonomy.
This dynamic could frustrate local governance efforts, potentially leading the people of Jammu and Kashmir to view their elected representatives as powerless.
Implementing Poll Promises
The reality is that the newly elected Jammu and Kashmir government will struggle to achieve even basic promises without central support. For instance, since the transfer and postings of bureaucrats fall under the Lieutenant Governor’s purview, creating government jobs will be a monumental task. The experience in Delhi — where the AAP government has faced obstacles from the central administration when attempting to create job opportunities — serves as a cautionary tale.
In a region like Jammu and Kashmir, where a significant portion of the population relies on government employment, Abdullah’s ability to address these needs will be severely hindered if the central government remains uncooperative. This power dynamic will make it increasingly difficult for the National Conference to deliver on its electoral promises.
The author teaches journalism at St Xavier’s College (autonomous), Kolkata, and is a political columnist.
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