Centre Gives More Power To Lt Governor Amid Election Buzz In Jammu And Kashmir
New Delhi: Amid speculation about assembly elections in Jammu and Kashmir, the Ministry of Home Affairs has amended the J&K Reorganization Act, 2019, granting more authority to the lieutenant governor regarding the transfers and postings of all-India service officers, police, and the appointment of judicial officers.
On Friday, the central government issued a notification amending the ‘Transaction of Business Rules’ under the Act. The notification stated, “The President hereby makes the following rules further to amend the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019, namely: These rules may be called the Transaction of Business of the Government of Union Territory of Jammu and Kashmir (Second Amendment) Rules, 2024; they shall come into force on the date of their publication in the Official Gazette.”
This amendment enhances the lieutenant governor’s power over the transfers and postings of all-India service officers such as IAS and IPS, police, law and order, and the appointment of judicial officers.
A new sub-rule 2A has been inserted after sub-rule (2) in rule 5 of the ‘Transaction of Business Rules.’ It states, “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.”
Additionally, rule 42A has been added, giving the lieutenant governor the power to appoint the advocate general and law officers for the union territory. It states, “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.”
Rule 42B clarifies that the lieutenant governor will have the final authority on issues regarding prosecution sanction, filing of appeals, prisons, the directorate of prosecution, and the forensic science laboratory.
Former Chief Minister Omar Abdullah criticized the amendment, saying it indicates upcoming elections and arguing that the people of J&K deserve more than a “powerless, rubber stamp CM.” Abdullah wrote on X, formerly Twitter, “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 Supreme Court has set a deadline of September 30 for assembly elections to be held in Jammu and Kashmir.
