Spring Of Discontent In Jammu Kashmir Over Governance Powers
The confusion prevails in the face of a lack of the business rules defining the powers of the L-G and the CM. The rules await Centre's nod since March.
Published : April 8, 2025 at 10:46 AM IST
Srinagar: As spring returns, Kashmir is shaking off its winter silence with mustard fields and tulips in full bloom. Alongside this transformation, a showdown is stirring on the political landscape with the first confrontation between Jammu and Kashmir’s elected government and the Raj Bhawan.
Six years after abrogation of Article 370 and downgrading the erstwhile state into a Union Territory, the first J&K Legislative Assembly of the Union Territory was elected last year with National Conference-led government assuming the power. But within six months of the elected government, the reality of governance is becoming quite complex with a rift over the absence of rules demarcating the authority of the two power centres.
The transfer of 48 middle-rung officers by Lieutenant Governor (L-G) Manoj Sinha hailing from Jammu and Kashmir Administrative Services (JKAS) spurred the first standoff in public glare. Seen as a case of overreach, the Chief Minister Omar Abdullah-led ruling alliance milled together to fight back, giving an ultimatum to New Delhi against pushing them to the wall.
“This coordination should not be mistaken for weakness,” said National Conference legislator and chief spokesperson Tanvir Sadiq. “We are here with our final appeal, don’t push us to the wall. The people of J&K gave a mandate through an election and that must be respected. Anyone who fails to do so is insulting the people of J&K and their mandate.”
But Lieutenant Governor Manoj Sinha didn’t brook it, offering a rare response, “With all responsibility I am saying I have not done anything beyond J&K Reorganisation Act passed by Parliament on Aug 5, 2019. I know my limits and I won’t overstep them.”
The J&K Reorganisation Act 2019 rests discretionary powers with Lieutenant Governor Manoj Sinha under section 53 (2) allowing him to act independently in matters he considers within his domain. This model of governance mimics Puducherry where the legislature has been entrusted with limited powers, undermining the authority of the union territory government.
Advisor to chief minister Nasir Aslam Wani, however, argues that the elected government is well aware of the restrictions under the Act but points to lack of business rules for the brewing standoff. "We also want that the business rules and limitations defined under the Jammu and Kashmir Reorganization Act 2019 should be followed," he adds.
The root of the discord, according to legal experts, lies in a lack of clarity in the transaction of business rules meant for spelling out the powers of the two entities. The business rules were approved by the cabinet led by Omar Abdullah, outlining the powers and responsibilities of chief ministers and the council of ministers last month are awaiting a nod from the Centre since March.
Until the government formation in October 2024, the L-G was vested with powers including transfers of All India Services as well as subordinate JKAS. But two months before the elections, the Centre carried out a second amendment in ‘transaction of business’ since the J&K Reorganisation Act came into being after the erstwhile state was divested of its special status under Article 370 and bifurcated into two Union territories, explicitly defining the L-G's powers.
These include decisions on transfers and postings of all-India service officers, law and order and the appointment of judicial officers including the advocate-general. The new rules also expanded the control of the L-G over the anti-graft body, prisons and prosecution.
Earlier, the appointment of the J&K home secretary, a key person in the administration, was vested with the state home ministry; Clause B of Sub-Rule 3 of Rule 50 which called on the LG to make a 'prior reference' to the Union home ministry on the appointment of the chief secretary and J&K director-general of police (DGP) was earlier amended through a notification in February 2024 to allow the Centre’s nod in the appointment of the home secretary as well.
But senior constitutional experts like Syed Riyaz Khawar argue that the business rules have clearly defined powers of L-G, implying barring the law and order (home), all other departments fall within the domain of the Union Territory government. He points out that the powers of L-G are not 'absolute' in the Reorganisation Act, suggesting that the L-G cannot 'override' the decisions of the Omar Abdullah led government.
"Legally, the decision of the UT government is final. The L-G cannot overturn it as the constitutional mandate lies with the elected government," said Syed, who is a senior advocate of Jammu and Kashmir and Ladakh High Court. The confusion, according to him, prevails in the face of a lack of the business rules defining the powers of the two entities.
A source privy to the rules said barring the home department, the rules have defined jurisdiction over all departments including the J&K Waqf Board. Currently led by a senior BJP leader, internally the board has been a key issue for the government to see it expand its control over it. But for now, the signs of nod is awaited with source expecting, it will 'likely take more time' without citing the reason for the delay.
Amid this power struggle, Chief Minister Omar Abdullah recently threw open the doors of Valley's famed Badamwari garden and walked under the canopy of blooming almond blossoms with people, asserting the elected government was in place.
Read More
