News Brief

Centre's Rule Change Ahead Of J&K Assembly Elections Enhances Lieutenant Governor's Powers: What You Need To Know

Kuldeep Negi

Jul 13, 2024, 02:31 PM | Updated 02:31 PM IST


J&K LG Manoj Sinha
J&K LG Manoj Sinha

In a significant move, the Ministry of Home Affairs (MHA) has amended the Jammu and Kashmir Reorganization Act, 2019 enhancing some powers of the Lieutenant Governor of the erstwhile state.

This move comes amidst speculation that assembly elections in the Union Territory might be held soon.

This amendment means that any elected government in Jammu and Kashmir will have restricted authority over vital issues, such as internal security, personnel transfers, prosecution, and the appointment of government legal representatives, including the Attorney-General.

"No proposal which requires previous concurrence of the Finance Department with regard to police, public order, AIS and ACB to exercise the discretion of the Lt Governor under the Act shall be concurred or rejected unless it has been placed before the Lt Governor through the Chief Secretary," the notification said.

The Department of Law, Justice and Parliamentary Affairs will submit the proposal for the appointment of an Advocate-General and other law officers to assist the Advocate-General in the court proceedings, for getting approval from the Lt Governor through the Chief Secretary and the Chief Minister.

Additionally, any proposal concerning the granting or refusal of prosecution sanctions or filing appeals will be placed before the Lieutenant Governor through the Chief Secretary by the Department of Law, as per the new rules.

The Jammu and Kashmir Assembly elections are likely to occur after the Amarnath Yatra, which ends on 19 August.

Meanwhile, Union Home Minister Amit Shah convened a crucial BJP meeting, instructing regional leaders to prepare for the elections, India Today reported citing sources.

The recent changes in business rules are viewed as indicative of the governance model expected in a post-election scenario for the Union Territory.

Major political parties, including the National Conference (NC) and the People's Democratic Party (PDP), have criticised the Centre's actions.

They argue that these measures are an attempt to diminish the powers of an elected government, effectively reducing it to the level of a municipal council.

Also Read: India's Direct Tax Revenue On The Rise: Net Collection Up Nearly 20 Per Cent To Rs 5.74 Lakh Crore In FY25 Till 11 July

Kuldeep is Senior Editor (Newsroom) at Swarajya. He tweets at @kaydnegi.

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