New Delhi: In a significant move that has sparked widespread discussion, the Home Ministry has amended the Jammu and Kashmir Reorganisation Act, 2019, further increasing the powers of the Lieutenant Governor. This development comes amid speculations of imminent assembly elections in the Union Territory.
On Friday, the central government issued a notification introducing the ‘Jammu and Kashmir Union Territory Government (Second Amendment) Rules, 2024’. These new rules, effective upon their publication in the official gazette, enhance the Lieutenant Governor’s authority over transfers and postings of All India Service officers, police administration, and judicial appointments.
Expanded Powers for the Lieutenant Governor
The amendment includes the addition of sub-rule 2A to Rule 5 of the ‘Conduct of Business Rules’. This sub-rule mandates that any proposal requiring the Finance Department’s prior consent regarding Police, Public Order, All India Services, and the Anti-Corruption Bureau must be reviewed by the Lieutenant Governor through the Chief Secretary. This effectively empowers the Lieutenant Governor to make crucial decisions about the appointment of the Advocate General and other law officers for the Union Territory.
Furthermore, Rule 42B stipulates that the Lieutenant Governor will be the final authority on matters related to prosecution, appeals, prisons, the Directorate of Prosecution, and the Forensic Science Laboratory.
Political Reactions and Controversy
The amendments have stirred political controversy, with former Chief Minister Omar Abdullah being one of the first to voice his opposition. Abdullah criticized the changes, arguing that they undermine the democratic process and reduce the role of the Chief Minister to a mere “powerless, rubber-stamp” figure. He suggested that these amendments indicate the central government’s intention to hold elections soon, in compliance with the Supreme Court’s deadline of September 30 for conducting assembly elections in Jammu and Kashmir.
As the political landscape in Jammu and Kashmir evolves, these amendments are likely to play a crucial role in shaping the administration and governance of the Union Territory, setting the stage for a potentially contentious electoral battle.
