The Centre has delegated more authority to the Lieutenant Governor (LG) of Jammu and Kashmir, granting powers to make decisions regarding police, officers of all-India services like the IAS and IPS, and approving prosecutions in various cases. Additionally, the LG will now oversee the appointment of the advocate general, other law officers, and matters concerning the anti-corruption bureau. These enhanced powers were conferred by the Union home ministry through amendments to the rules under the Kashmir Reorganisation Act, 2019. This act facilitated the division of the former state of Jammu and Kashmir into the Union Territories of Jammu and Kashmir and Ladakh, along with the abrogation of Article 370.
“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,” according to the notification issued by the Union home ministry.
Besides, the ministry said, in the principal rules, after rule 42, the following rules shall be inserted. “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,” it said.
The notification also said any proposal regarding the grant of prosecution sanction or filing of appeal shall be placed before the L-G through the chief secretary by the department of law, justice and parliamentary affairs.
In the principal rules, in rule 43, after the third proviso, the home ministry said, the following provisos shall be inserted, namely. “Provided also that in respect of matters connected with Prisons, Directorate of Prosecution and Forensic Science Laboratory, the matters shall be submitted to the Lieutenant Governor by Administrative Secretary, Home Department through the Chief Secretary,” it said.
The ministry also said 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 L-G by the administrative secretary, general administration department through the chief secretary.
‘People Deserve Better Than A Powerless CM’: Omar Abdullah
Jammu and Kashmir National Conference leader Omar Abdullah on Saturday said that the Centre’s move would render the new Chief Minister “powerless” and indicates that the polls would be held soon in Jammu and Kashmir.
“Another indicator that elections are around the corner in J-K. This is why a firm commitment to laying out the timeline for the restoration of full, undiluted statehood for J-K is a prerequisite for these elections. The people of J-K deserve better than a powerless, rubber stamp CM who will have to beg the LG to get his/her peon appointed,” Omar Abdullah posted on X.
Meanwhile, former Deputy Chief Minister of Jammu and Kashmir and senior BJP leader Kavinder Gupta said that changes are important. “In the coming days, the elections of Vidhan Sabha will be held and looking after that the LG power has been enhanced. The changes are important and they should take place. Looking after that the Minister of Home Affairs has taken the decision. For Free and fair elections the step has been taken. In the recently concluded Lok Sabha election we all witnessed that people in Jammu and Kashmir voted with great zeal. After this decision the activeness will come in the administration,” Gupta said.
Reacting to Omar Abdullah’s remarks that CM will become ‘powerless’, he said that “Law and order already is under control of MHA. Commenting on the issue is not right. Earlier the conditions of J-K were not good but now the government has improved the law and order here.”