Centre amends J&K Reorganization Act, increases lieutenant governor's powers
The Indian Ministry of Home Affairs (MHA) has amended the Jammu and Kashmir Reorganization Act 2019 to effectively increase the powers of Lieutenant Governor Manoj Sinha. This development, amid rumors of upcoming assembly elections in the Union Territory, means any elected government will have restricted authority over key issues such as internal security and government appointments. The amendment also stipulates that proposals needing financial department approval must be presented to the Lieutenant Governor through the Chief Secretary.
Legal and administrative changes detailed
According to the MHA notification, the Department of Law, Justice, and Parliamentary Affairs will present proposals for appointing an Advocate-General and other law officers to the Lieutenant Governor via the Chief Secretary and Chief Minister. Proposals concerning prosecution sanctions or appeals will also follow this procedure. President Droupadi Murmu has approved these amendments, which took effect on July 12.
Other amendment made to the Act
"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 notification adds.
Read the notification here
Political reactions to the amendment
Major political parties, including the National Conference (NC) and People's Democratic Party (PDP), have criticized the amendments as an effort to diminish an elected government's power. Former Chief Minister Omar Abdullah voiced his concerns on social media, stating that Jammu and Kashmir deserves better than a "powerless" chief minister. He added, "The people deserve better than a powerless, rubber stamp CM who will have to beg the LG to get his/her peon appointed."
Context of the Jammu and Kashmir amendments
The Jammu and Kashmir Reorganisation Act, 2019 provides for the reorganization of the state of Jammu and Kashmir into the union territories of Jammu and Kashmir (with legislature) and Ladakh (without legislature). The Supreme Court upheld the removal of Article 370 in December last year, which previously granted special status to Jammu and Kashmir. The court also ordered the Election Commission of India (ECI) to conduct assembly polls in the Union Territory by September 30, 2024.
