J&K: Centre Boosts LG's Powers Over CM Before Elections; Congress Welcomes With Caveat, Critics Warn Of Rubber Stamp J&K Assembly

The Union Ministry of Home Affairs (MHA) on Friday evening amended the Transaction of Business Rules which widened the ambit of the administrative role of the Lieutenant Governor of J&K. The amendment gives the L-G more say in matters pertaining to police, public order and All India Service (AIS). Now, all proposals about transfer of Administrative Secretaries and AIS will be submitted to the LG by the Chief Secretary. Political leaders are aghast over the move calling it a reduction of the upcoming assembly elections to municipal level elections.

National Conference leader Omar Abdullah said a firm commitment laying out the timeline for restoration of full, undiluted statehood for J&K is a prerequisite for the elections. “The people of J&K deserve better than powerless, rubber stamp Chief Minister who will have to beg the Lieutenant Governor to get his/her peon appointed,” the NC vice president says.

However, Congress party is reading the move differently saying after J&K Reorganisation Act all powers had gone to the Centre. “By this amendment the powers taken away from J&K have now been given back to J&K state and at present its head is Lieutenant Governor. That is positive aspect of it. But we have to see whether after the formation of the elected government whether the powers will be given back to the Chief Minister and the cabinet. Or we have to fight legal battle for it. That is negative aspect of it,” said senior Congress leader G A Mir.

The MHA on Friday carried out amendments in the Business of Jammu and Kashmir Rules, 2019 ahead of speculations that the Election Commission of India is likely to announce polls for J&K Assembly, which the poll body has failed to conduct since 2018 after the PDP-BJP government fell.

According to amendments, all proposals about transfer of administrative secretaries and all India Services officers will be submitted to the Lieutenant Governor by the administrative secretary general administration department through the Chief Secretary.

“Provided also that in respect of matters connected with posting and transfer of Administrative Secretaries and cadre posts of All India Services officers, proposal shall be submitted to the Lieutenant Governor by the Administrative Secretary, General Administration Department through the Chief Secretary,” the MHA notification says.

It says no proposals on police, public order, All India Services and Anti-Corruption Bureau (ACB) shall be concurred or rejected unless it has been placed before the Lieutenant Governor. According to the amendments, all key proposals would now go to the Lieutenant Governor through the Chief Secretary.

The amendments will assume great significance once there is elected Government in the Union Territory headed by the Chief Minister.

The PDP leader Iltija Mufti says at a time when there’s been considerable speculation “about Government of India holding elections in J&K this new MHA order and farmaan widening the already unbridled powers of an unelected LG makes a few things abundantly clear, that Assembly elections will be conducted this year itself and Government of India is well aware if and when state elections are held in J&K a non BJP government will be elected.”

“The order seeks to disempower the powers of the next J&K state government only because BJP doesn’t want to cede control or lose its iron grip over Kashmiris. She says the order indicates statehood is out of the question. An elected government in J&K will be reduced to a municipality,” she adds.

The PDP leader Waheed Para says why conduct elections in Jammu and Kashmir when the powers of the elected government are permanently delegated to an unelected administrator? “This erosion of the People's Representation weakens our democratic institutions permanently,” he adds.

Parra says how can the Jammu and Kashmir Reorganisation Act be amended with an executive order? “The BJP has argued since the abrogation of Article 370 that Jammu and Kashmir will be empowered. Now the J&K Assembly will not have the powers of a municipality," Para adds.

“The BJP government has reduced the Assembly elections to employment package for 90 people when the whole power will lie with LG. Kashmiri leadership should come together and jointly negotiate devolution of powers and then go for elections,” he added.

The PDP leader Aditya Gupta says that future governments in J&K will have to contend with significant oversight and decision-making power vested in the Lieutenant Governor. “This undermines the principle of federalism and the autonomy of the elected government. What is rationale for holding elections if substantial administrative control remains with the Lieutenant Governor and not with elected representatives,” Gupta adds.

Under new amendment even the proposals for appointment of advocate general and law officers shall be submitted to the Lieutenant Governor through the Chief Secretary and the Chief Minister.

“The 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,” the amendments read.

“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 amendments says.

“Any proposal regarding grant or refusal of prosecution sanction or filing of appeal shall be placed before the Lieutenant Governor through the Chief Secretary by the Department of Law, Justice and Parliamentary Affairs,” the notification adds. The notification says proposals regarding the Prisons, Directorate of Prosecution and Forensic Science Laboratory shall be submitted to the Lieutenant Governor by Administrative Secretary, Home Department through the Chief Secretary.

J&K currently is without a Legislative Assembly. The last Assembly elections in Jammu and Kashmir were held in 2014, leading to the formation of a BJP-PDP coalition government led by Mehbooba Mufti. However, the coalition ended in 2018 after the BJP withdrew its support to the Mehbooba government and since then Assembly polls have not been held in J&K.

The Supreme Court, in its decision on December 11 last year, while upholding the abrogation of Article 370, directed the Election Commission of India to hold elections in Jammu and Kashmir by September 30, 2024. Chief Justice DY Chandrachud, leading a five-judge Constitution bench, said that direct elections were a paramount feature of democracy.