Centre gives more power to J-K Lt Guv; opposition slams move

A step towards "disempowering" people of J&K, says opposition

Union Home Minister Amit Shah Union Home Minister Amit Shah

The Centre has significantly strengthened the authority of the lieutenant governor in Jammu and Kashmir, empowering him to make decisions on crucial matters such as police, and all-India services officers and granting sanctions for prosecution in various cases.

The opposition slammed the Union government's move and termed it a step towards "disempowering" the people of Jammu and Kashmir.

The Union home ministry gave more powers to the Lieutenant Governor on Friday by amending rules framed under the Jammu and Kashmir Reorganisation Act, 2019. This act, passed alongside the abrogation of Article 370, bifurcated the erstwhile state into two Union Territories -- Jammu and Kashmir and Ladakh.

In the past, proposals concerning police, public order, all-India services and the Anti-Corruption Bureau required approval from the finance department of Jammu and Kashmir before reaching the Lieutenant Governor.

Under the revised rules, such proposals must now be presented directly to the Lieutenant Governor through the chief secretary of the Union territory.

The Lieutenant Governor's authority extends further to the appointment of the Advocate General and other law officers. These appointments, previously decided upon by the government, will now require the Lieutenant Governor's approval.

The Centre's decision has met with criticism from some political parties in Jammu and Kashmir, who view it as an attempt to undermine the power of an elected government.

The Supreme Court has directed the restoration of statehood in Jammu and Kashmir "at the earliest" and holding elections to the assembly by September 30, 2024.

On Saturday, various political parties expressed their disapproval of the Centre's move to grant additional powers to the Lieutenant Governor.

The National Conference (NC) and the People's Democratic Party (PDP) labelled the decision as a step towards "disempowering" the people of Jammu and Kashmir while the Congress condemned the move as a "murder of democracy".

The Apni Party called for a unified protest against the decision.

Following the Centre's move, decisions regarding prosecution sanctions and filing appeals will also come under the Lieutenant Governor's purview. Additionally, matters related to prisons, the Directorate of Prosecution and the Forensic Science Laboratory will be handled directly by the Lieutenant Governor.

"No proposal which requires the 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," the Union home ministry notification stated.

The Lieutenant Governor's role in bureaucratic matters has also been amplified.

Proposals for postings and transfers of administrative secretaries, along with those concerning IAS and IPS officers, will be routed through the Lieutenant Governor's office.

Reacting to this order, NC Vice President Omar Abdullah raised concerns about the implications of having a "powerless and rubber stamp" chief minister who would need the Lieutenant Governor's approval even for minor appointments.

Despite acknowledging the timing of the decision in relation to upcoming elections, Abdullah emphasised the importance of a clear commitment towards restoring full statehood of Jammu and Kashmir.

"This is why a firm commitment to laying out the timeline for restoration of full and undiluted statehood for Jammu and Kashmir is a prerequisite for these polls.

"The people of Jammu and Kashmir deserve better than a powerless and rubber stamp CM who will have to beg the L-G to get his/her peon appointed," the NC vice president said.

Congress general secretary Jairam Ramesh remarked that the increased powers given to the Lieutenant Governor suggested a dim outlook for the restoration of a full-fledged statehood in the near future.

In a post on X, he said, "The only meaning that can be drawn from this notification is that full-fledged statehood for Jammu and Kashmir does not seem likely in the immediate future."

He said there has been a consensus across political parties that Jammu and Kashmir must immediately become a full-fledged state of the Indian Union once again.

"The self-anointed non-biological PM is on record saying that full-fledged statehood would be restored to Jammu and Kashmir, which had been reduced to a Union Territory in August 2019," Ramesh said.

Another former chief minister and PDP chief Mehbooba Mufti said the Centre wants to further disempower the people of Jammu and Kashmir.

"By way of this order, the government wants to convert J-K's assembly, which was once very powerful, into a municipality so that any government in J-K tomorrow does not have any power to even transfer its own employee or take action against anyone," Mufti said in a video released on her X handle.

The PDP president appealed to the people of the country, especially the opposition parties to raise their voices against the Centre's move.

"Are the people of J-K not your own? Do you only want its land? If you want the land only, then decide once and for all. Take the land and do whatever you want to do, but do not disrespect or disempower us by snatching our rights. I hope the opposition parties will not remain silent this time and will raise their voice," she added.

Her daughter and media advisor Iltija Mufti highlighted the perceived agenda behind the decision, suggesting that it aimed at limiting the powers of any future elected government in the region.

"The order seeks to disempower the powers of the next Jammu and Kashmir state government only because the BJP doesn't want to cede control or lose its iron grip over Kashmiris. Statehood is out of the question. An elected government in Jammu and Kashmir will be reduced to a municipality," she said.

She raised concerns about the potential impact of the Union government's decision on the upcoming assembly elections and the Centre's reluctance to relinquish control in Jammu and Kashmir.

Jammu and Kashmir Congress president Vikar Rasool Wani echoed the sentiment of democracy being under threat, describing the move as a "murder of democracy" that would hinder the path to true statehood restoration.

Apni Party chief Altaf Bukhari called for unity among political parties in opposing the Centre's decision, warning against the creation of a "powerless assembly" that would diminish the effectiveness of elected representatives in serving the region's interests.

"We appeal to all parties to shun political differences and come together on this issue. If we cannot stand united today, then we will never be.

"We should ensure that the statehood that we get is not hollow and has all powers to serve people. We have to be united to serve the interests of the people," Bukhari added.

People's Conference chief said the amendments are a part of "a continued systematic disempowerment of people of J&K".

"Another move to disempower and humiliate the people of J&K. These amendments even violate the Jammu & Kashmir Reorganisation Act - 2019. Yet again a humble appeal. Please don't strengthen the perception of being at war with your own people in J and K," Lone said on X.

Senior CPI(M) leader M Y Tarigami said the amendments constitute "another brazen assault on the remaining nominal rights", virtually "downsizing" a historic state to the status of a bigger municipality.

He said it is high time for all political parties to unitedly oppose the "autocratic order" and demand its revocation. 

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