Uproar after Central Govt endorses more power to J&K LG ahead of assembly elections

Amid reports of proposed assembly elections in Jammu and Kashmir, the Union government has endorsed more power to the Lieutenant Governor (LG), including authority over the transfer of Administrative Secretaries and cadre posts of All India Services officers, by amending the Union Territory’s business rules.

The move, which marks the second such amendment to the Union Territory’s business rules, has ignited a political uproar across the region, The Wire reported.

On July 12, the Ministry of Home Affairs released the “Union Territory of Jammu and Kashmir (Second Amendment) Government Business Transaction Rules, 2024.” This notification outlines changes to three rules originally established after the reorganization of the former state into two Union Territories. Previously, certain administrative actions required concurrence from the Union Territory's finance department.

The current amendment to the Jammu and Kashmir Reorganisation Act, 2019, empowers the Lieutenant Governor to make new rules with the “aid and advice of the Council of Ministers.” This recent notification clarifies that matters related to the posting and transfer of Administrative Secretaries and cadre posts of All India Services officers must be submitted to the Lieutenant Governor by the Administrative Secretary, General Administration Department, through the Chief Secretary.

Proposals concerning police, public order, All India Services, and the Anti-Corruption Bureau now require approval from the Lieutenant Governor, routed through the Chief Secretary. This shift centralizes significant administrative powers in the office of the LG, reducing the role of local departments in these critical areas.

The notification also mandates that the appointment of Jammu and Kashmir’s advocate-general and other law officers will require the LG’s approval. Proposals regarding prosecution sanctions or the filing of appeals must be placed before the LG through the Chief Secretary of the Department of Law, Justice, and Parliamentary Affairs.

This latest notification follows an amendment in February this year, which altered Rule 50 of the Transaction of Business of Jammu and Kashmir, 2019. This prior amendment required the Lieutenant Governor to seek approval from the Union Home Ministry for the appointment of the Chief Secretary, Director General of Police, and the Home Secretary of Jammu and Kashmir.

Since the reorganization of Jammu and Kashmir into a Union Territory in August 2019, more than 900 central laws have been applied to the region, while certain state laws have remained operational. Under Section 96 of the J&K Reorganisation Act, 2019, the Union government holds the power to adapt or modify laws in Jammu and Kashmir through repeal or amendment orders. Before 2019, extending central laws to Jammu and Kashmir required the consent of the state assembly and government.

Legal experts argue that these amendments by the Union government undermine India’s federal structure and raise complex questions regarding the constitutional relationship between the central government and the states and Union Territories. The latest changes have triggered a wave of political backlash, with prominent political figures voicing concerns over the growing centralization of power.

The timing of these amendments, coming just ahead of the anticipated assembly elections in Jammu and Kashmir, has fuelled speculation about the political motives behind these changes. The former Chief Minister of Jammu and Kashmir has publicly expressed concerns, emphasizing the need for a clear timeline for the restoration of full statehood to ensure fair elections.