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| More power to LG sparks political storm in J&K | | | 
Early Times Report
Jammu, July 15: Ahead of holding the maiden Assembly polls in Jammu and Kashmir after the Abrogation of Article 370 in August 2019, the Centre’s move to give more powers to the Lieutenant Governor (LG) of Jammu and Kashmir for taking decisions on police, and officers of all-India services such as the IAS and the IPS, and giving sanctions for prosecution in various cases has once again triggered a political storm in the region.
As per the notification issued by the Ministry of Home Affairs on July 12, 2024, the decisions regarding the appointment of Advocate General and other law officers, besides matters related to the anti-corruption bureau will also be taken by the Lieutenant Governor.
These powers were given to the L-G by the Union Home Ministry on Friday by amending the rules issued under the Jammu Kashmir Reorganisation Act, 2019, which was enacted for the bifurcation of the erstwhile State of Jammu and Kashmir into Union Territories of Jammu and Kashmir and Ladakh.
According to the amendments, almost all key proposals would now go to the L-G through the Chief Secretary.
However, the move has invited sharp political reactions from different political parties in the Union Territory.
Reacting strongly to the decision, the Jammu and Kashmir National Conference leader Omar Abdullah Saturday said the Centre’s move would render the new Chief Minister “powerless”. Omar also indicated that the polls would be held soon in Jammu and Kashmir.
“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,” the NC vice president said in a post on X (earlier Twitter). The chief spokesperson of the National Conference Tanvir Sadiq termed the decision “a blatant misuse of power” by the BJP-led Government at the Centre to “disempower” the people.
The Congress party claimed the only meaning that can be drawn from this notification is that full-fledged Statehood for J&K does not seem likely in the immediate future. Congress leader Jairam Ramesh in a post on X claimed, “There has been a consensus across political parties that J&K must immediately become a full-fledged state of the Indian Union once again, and not remain as a UT”.
PDP chief Mehbooba Mufti’s daughter and her media advisor, Iltija Mufti, said the order seeks to disempower the powers of an elected Government in Jammu and Kashmir.
“At a time when there’s been considerable speculation about GOI holding elections in J&K this new MHA order & farmaan widening the already unbridled powers of an unelected LG make a few things abundantly clear,” Iltija Mufti said in a post on X.
She said the order makes it clear that Assembly elections will be conducted this year itself, and that the Centre “is well aware if & 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. Statehood is out of the question. An elected government in J&K will be reduced to a municipality,” she added.
Jammu and Kashmir Pradesh Congress Committee (JKPCC) president Vikar Rasool Wani termed the move a “murder of democracy”.
“The murder of democracy in Jammu and Kashmir is evident before the restoration of proper democracy and statehood. MHA gave more powers, including the Police, Law and order, and the transfer of officers etc have been vested in the LG,” Wani said on X.
Apni Party chief Altaf Bukhari appealed to Jammu and Kashmir’s political parties to shun differences and unitedly raise voices against the Centre’s move.
“This new decision aims at making the state hollow in which no powers will be left for an elected government... The people of Jammu and Kashmir do not support this,” Bukhari said at a press conference here.
Bukhari, a former minister, said if the Centre wants to create a “powerless assembly” in Jammu and Kashmir, it will not be acceptable.
“If they want the chief minister to be a toothless tiger and befool the people, then I do not think this will solve any of the issues confronting the people of Jammu and Kashmir,” he said.
As per the notification issued by the Ministry of Home Affairs, “No proposal which requires previous concurrence of the Finance Department concerning ‘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 an 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 the posting and transfer of administrative secretaries and cadre posts of all-India services officers, a proposal shall be submitted to the L-G by the administrative secretary, and the general administration department through the chief secretary. |
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