Union Govt Amends Jammu and Kashmir Reorganisation Act, Enhances Lieutenant Governor’s Powers

NewDelhi: The union government has amended the rules of the Jammu and Kashmir Reorganisation Act, significantly increasing the powers of Lieutenant Governor Manoj Sinha. The amendment grants the Lieutenant Governor authority over various administrative functions, including the transfer and posting of police officers. Assembly elections are expected in Jammu and Kashmir in the coming months, and this decision has sparked criticism from opposition parties.

Congress national president Mallikarjun Kharge labeled the amendment as another instance of “Constitution assassination” by the Modi government, accusing it of betraying Jammu and Kashmir. Jammu and Kashmir Peoples Democratic Party (PDP) chief Mehbooba Mufti condemned the ordinance, claiming it strips the Jammu and Kashmir Assembly of its powers. AIMIM chief Asaduddin Owaisi remarked that the Lieutenant Governor will now function as a “super CM.”

Mehbooba Mufti criticized the ordinance, stating, “The government will not be able to transfer any of its employees or take necessary actions. The power has been taken away from the government and given to the Chief Secretary and LG, who comes from outside and knows nothing about here.”

Mallikarjun Kharge, in his X post, attacked the amendment, arguing that the Modi government aims to delay the restoration of full statehood to Jammu and Kashmir despite the Supreme Court’s mandate for assembly elections by September 30, 2024. Kharge suggested that even if statehood is restored, the state government will remain at the mercy of the LG.

Asaduddin Owaisi also criticized the amendments, stating that they encroach on subjects under the elected government as per the J&K reorganization. He emphasized that JKAS officers can now only be posted as administrative secretaries by the LG, effectively making the LG a “super CM.”

Under the amended rules, the Lieutenant Governor now has the authority to make decisions on proposals related to police, public order, All India Services, and the Anti-Corruption Bureau without the Finance Department’s consent. Additionally, proposals regarding prisons, the Directorate of Prosecution, and the Forensic Science Laboratory will be submitted to the Lieutenant Governor by the Administrative Secretary of the Home Department through the Chief Secretary. All proposals regarding transfers and postings of administrative secretaries and all-India service officers will be placed before the Lieutenant Governor. The central government’s notification also adds two new sections to Rule 42 of the Jammu and Kashmir Reorganisation Act.

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