The center has amended the Jammu and Kashmir Reorganization Act of 2019. This amendment will grant more power to Lieutenant Governor of Jammu and Kashmir. The amendment had sparked many views and criticism from opposition. After the removal of ARTICLE 370, the government is facing a lot of reviews on how the government is trying to give most of the power to LG so that even if the BJP government loses, they will have control over the state. Jammu Kashmir Lieutenant Governor is told to be a weapon of the center to gain control in the state of Jammu and Kashmir.
Table of Contents
Major Changes
1)Posting and Transfer rights: Now the LG has power to make decision on the transfer or relocation and postings of all-India service, including IAS, IPS Officers and police personnel as well. This will lead to a better grasp of the government on the administration in the Union territory of Jammu and Kashmir.
2)Judicial Appointments: The LG have to approve all the appointments of the Advocate generals and other law officers which was previously decided by the government. This will cause more of a monopoly of the centre government in the maintenance of law and order.
3)Prosecution Sanctions: With this amendment, LG will be the supreme authority on all the matters related to sanction and appeal.
4) Law and Order: The LG will have total control over law and order, including police and public matters
5)Financial Matters: All the proposal which require Finance Department’s concurrence must now be reviewed by the LG through Chief Secretary.
Criticism by Opposition:
Omar Abdullah
The former chief minister of Jammu and Kashmir Omar Abdullah and his party National Conference objected on the new amendment, he called it as abuse of power and a step towards disempowering Jammu and Kashmir’s people. He warned that people of Jammu and Kashmir “deserve better than a powerless, rubber stamp CM who will have to beg the LG” even for the minor administrative matters.
Congress
Congress President Mallikarjun Kharge accused the current central government of Narendra Modi for wanting to delay the restoration of full statehood in Jammu and Kashmir. Even when the supreme court made it mandate to have elections in Jammu and Kashmir by 30th September,2024. He said Modi government is planning to keep the Chief Minister at the mercy of LG even after the elections are held.
People Democratic Party
PDP chief Mehbooba Mufti’s daughter Iltija Mufti have pointed out that the current government is planning to disempower the elected government of Jammu and Kashmir. She also commented that the centre is well aware that if and when elections will take place non-BJP government will be elected.
Context
The assembly elections are mandated by the supreme court to be held before 30th September of 2024. The timing of the amendment which increases the power of the Lieutenant General increases the speculation that the elections are imminent.
Long Term Outcomes
The recent amendment which is granting more power to LG will have longer term outcomes:
- The Gupkar Alliance which include NC and PDP are facing existential crisis and will need to reinvent themselves to stay relevant. These parties seems in disarray and the amendment led to weakening of the regional party.
- The current proposed amendment will give strong behold to the BJP government and an advantage in the electoral system. Also, even if the assembly election is won by other party BJP will have the top authority.
- The amendment also led to uneven distribution and unbalancing the power in the UT. This raises the fear of civilian unrest, communal tension and internationalization of the matter.
