Synopsis
The Jammu and Kashmir Lieutenant Governor will hold significant powers similar to the Delhi LG, including control over the police and prisons. The Centre has amended regulations to enhance the LG’s authority. This includes mandatory approval for key decision-making areas, possibly leading to tensions with the elected government.
ANIJ&K could be staring at Delhi-type recurrent frictions between the elected government and the LG, ToI reported on October 9. A number of recent amendments effected by the Centre could lead to impasses that Delhi has become infamous for, the report (by Bharti Jain) said.
The Jammu and Kashmir (J&K) Lieutenant Governor (LG) will have powers similar to those of the Delhi LG, with added control over prisons, according to recent amendments by the Centre. The amendments in the Transaction of Business of the Government of Union Territory of J&K were made on July 12, 2024.
These changes mandate that decisions on postings and transfers of secretary-level officers, appointments of law officers, prosecution sanctions, and prison-related matters must be approved by the LG, through the chief secretary. The Centre asserted its authority to make these amendments under the J&K Reorganisation Act, 2019. The LG’s powers have been expanded to include approval of appointments and transfers of secretaries of all J&K administrative departments and cadre-post officers.
The large number of subordinate staff transfers and postings, nearly five lakh employees, will remain under the J&K government’s control.
The LG will have the final say on matters concerning J&K police, including its Criminal Investigation Department (CID), the State Investigation Agency (SIA), and the Anti-Corruption Bureau (ACB). Additionally, all files related to prisons, prosecution, forensic science laboratories, and law officer appointments need the LG’s approval.
The LG also holds the exclusive power to appoint five nominated members of the J&K legislative assembly. The LG will oversee police matters, law and order, and the security grid, chairing Unified Headquarters counter-terrorism meetings involving military, paramilitary, and intelligence agencies.
The amendments aim to ensure that the LG retains control over the security operations, targeting terrorist activities, funding, and related ecosystems. The measures against locals involved in terrorism, such as denial of passports and government jobs, are challenges likely for any J&K government expressing opposition.
The working relationship between the LG and the elected government in J&K may face strains, mirroring the issues seen in Delhi’s model of governance, particularly regarding law and order and bureaucratic appointments. However, adjustments and mutual governance may emerge through these challenges.
