Centre Widens Scope Of Jammu & Kashmir L-G's Power With New Rules

The Jammu & Kashmir Lieutenant Governor's powers have been expanded, giving him greater authority in matters of All India Services, public order, policing, and law officer appointments.

The Ministry of Home Affairs has extended the ambit of jurisdiction of Jammu & Kashmir Lieutenant Governor’s powers.

The Transaction of Business Rules were amended on Friday to give the L-G more authority in matters of All India Services, public order, policing etc. Appointments of Advocate Generals and other law officers will also have to be placed before the L-G by the Chief Secretary for approval. This way, the J&K L-G will have more powers from here on.

Grants or refusal of sanctions will also have to be cleared by the L-G.

The situation now will be akin to Delhi. Even when the elections are held and a CM is elected, LG will have greater powers.

Reacting to the development, former J&K Chief Minister and National Conference leader Omar Abdullah said that the Centre's move to hand the L-G more power than an elected CM was an indication that the polls would be held soon. He said the move would render the new CM powerless.

"Another indicator that elections are around the corner in J&K. This is why a firm commitment laying out the timeline for restoration of full, undiluted statehood for J&K is a prerequisite for these elections. 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 posted on X.

Kavinder Gupta, former Deputy Chief Minister of Jammu and Kashmir and BJP leader, told news agency ANI: "Elections are to be held in the state in the coming time, that is why this decision has been taken. This decision has been taken to ensure fair elections in the state. Soon, Jammu and Kashmir will also be given the status of a state."

What Does The MHA Notification Entail?

The MHA has notified amended rules under Section 55 of the Jammu and Kashmir Reorganisation Act, 2019, inserting new sections giving more powers to the L-G. The new rules will be implemented from July 12, 2024.

Under this, "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 Department of Law, Justice and Parliamentary Affairs will submit the proposal for the appointment of the Advocate General and other law officers to assist the Advocate General in court proceedings for the approval of the Lieutenant Governor through the Chief Secretary and the Chief Minister.

Any proposal regarding granting or rejecting prosecution or filing an appeal will be placed before the Lieutenant Governor through the Chief Secretary by the Department of Law, Justice and Parliamentary Affairs. Also, proposals regarding matters relating to Prisons, Directorate OF Prosecution, and Forensic Science Laboratory shall be submitted to the L-G by the Administrative Secretary of the Home Department through the Chief Secretary.

Proposals regarding the appointment and transfer of administrative secretaries and matters relating to cadre posts of All India Service, too, officers shall be submitted to the L-G by the Administrative Secretary of the General Administration Department through the Chief Secretary.