J&K L-G gets control of police, can now sanction prosecution

New Delhi, July 13

Even as preparations are underway for holding Assembly elections in Jammu and Kashmir, the Union Home Ministry has enhanced the ambit of the UT’s Lieutenant Governor through a notification by amending the Transaction of Business Rules, giving him greater say in issues related to police, public order and all-India service officers.

After the amendment, any proposal related to the appointment of Advocate-General or law officers, and regarding grant or refusal of prosecution sanction or filing of appeal shall be placed before the L-G first.

The political parties in J&K voiced strong opposition to the Centre’s move to vest more powers to the L-G for taking decisions on matters related to police and all-India service officers. While the National Conference and the PDP said the decision would “disempower” the people of J&K, other parties, including the Congress, termed the “Delhi-type statehood as the murder of democracy”.

Former Chief Minister and National Conference leader Omar Abdullah said the UT deserved better than a “powerless Chief Minister”. The move by the Centre to amend the rules indicates Assembly elections in the erstwhile state were round the corner, he said. “Another indication that elections are round the corner in J&K. This is why a firm commitment laying out the timeline of restoration of full, undiluted statehood for J&K is a prerequisite for these elections. The people deserve better than a powerless, rubber stamp CM who will have to beg the L-G for getting his or her peon appointed,” Omar posted on X.

President Droupadi Murmu had given her approval to the amendments, exercising the powers conferred by Section 55 of the Jammu and Kashmir Reorganisation Act, 2019, a notification issued by the Home Ministry on July 12 said. “These rules may be called the Transaction of Business of the Government of Union Territory of Jammu and Kashmir (Second Amendment) Rules, 2024,” the notification said.

The amendments came into force on July 12. In the Transaction of Business Rules, 2019, some rules have been inserted. According to the newly inserted sub-rule (2A), “No proposal which requires 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.”

Won’t take Delhi-type statehood, say parties

J&K parties opposed the Centre’s move to vest more powers in the L-G, calling it a bid to “disempower” the people. Terming it “the murder of democracy”, they said they won’t accept the “Delhi-type statehood”.