MHA boosts powers of LG in J-K, opposition questions role of CM if elections held

New Delhi [India], July 13 : The Ministry of Home Affairs on Saturday amended the rules of the Jammu and Kashmir Reorganization Act, 2019, enhancing some powers of the Lieutenant Governor of the erstwhile state. Opposition parties criticised the Centre's move and argued that full-fledged statehood for J-K seems bleak as it would render the new Chief Minister "powerless" if elections happen.
President Droupadi Murmu has given her approval to the amendments in the rule exercising the powers conferred by section 55 of the Jammu and Kashmir Reorganisation Act, 2019, (34 of 2019) read with the Proclamation dated October 31, 2019, issued under section 73 of the Act, a notification issued by the MHA mentions.
The amendments shall come into force on July 12, the date of the publication in the Official Gazette-- a move in anticipation of the speculated assembly elections in Jammu and Kashmir.
Various opposition leaders from different parties targeted the central government over its decision to amend the rules of the J-K Reorganization Act of 2019.
Congress leader Jairam Ramesh has hit out at the BJP-led government over its notification expanding the powers of Jammu and Kashmir Lt Governor by inserting new sections in the Jammu and Kashmir Reorganisation Act, 2019, saying that the Centre's move means that full-fledged statehood for J-K does not seem likely in the immediate future.
Jairam Ramesh said there has been a consensus across political parties that Jammu and Kashmir should again become a full-fledged state of the Indian Union.
"The Supreme Court had mandated that elections to the J&K Assembly should be held by Sept 30th, 2024. The self-anointed non-biological PM is on record saying that full-fledged statehood would be restored to J&K, which had been reduced to a Union Territory in August 2019," he said in a post on X.
Congress President Mallikarjun Kharge said on Saturday that the Modi government's betrayal of J-K continues unabated.
In a post on X, Kharge said that this step reflects another example of "Samvidhan Hatya Diwas" continuing daily under Modi government.
"Modi Government's betrayal of Jammu and Kashmir continues unabated! The insertion of new sections giving more powers to the LG by amending the Rules under Section 55 of the J&K Reorganisation Act, 2019 has only two meanings. First is that the Modi gvovernment wants to delay the restoration of full statehood to Jammu and Kashmir, even though the Supreme Court has mandated Assembly Elections by Sept 30th, 2024," he said.
"Even if full statehood is restored, it wants to keep the newly elected state government at the mercy of the LG, by clamping its executive power. Another example of "Samvidhan Hatya Diwas" continuing daily under Modi Govt," Kharge added.
Jammu and Kashmir National Conference leader Omar Abdullah said that the Centre's move would render the new Chief Minister "powerless" and indicates that the polls would be held soon in Jammu and Kashmir.
PDP chief and former Chief Minister Mehbooba Mufti said that the government has snatched everything and made the lives of the people living in the Valley "hell."
In a self-made video, Mufti said, "Today you have brought such an ordinance by which you have snatched everything from the most powerful assembly of Jammu and Kashmir in the entire country. Today, you want to convert it into a municipality. If any government is formed in J&K tomorrow, it will not be formed by BJP at all, then that government will not have any authority, will not be able to transfer any of its employees, against whom to take action, you want to snatch that right from them and give it to the Chief Secretary and LG. That LG who comes from outside, who does not know anything about this place."
"If you do not trust the people here, then why have you kept them here? You people have made our lives here in this Kashmir hell," she added.
AIMIM chief Asaduddin Owaisi termed it not "Normal amendments" and said that the LG will be the Super CM.
In a post on X, Owaisi said, "These are not Normal amendments. They encroach upon the subjects vested with an elected government under J&K Reorganisation. JKAS officers could be posted as administrative secretaries only by LG. LG will be the Super CM (Sixth Finger)."
However, Government sources on Saturday clarified that only the Transaction of Business Rules have been amended in the Jammu Kashmir Reorganization Act, 2019.
Sources further said that "Nothing new has been provided in these rules, it is already mentioned in the State Reorganization Act of 2019. The current amendment to rules is just clarificatory in nature flowing from the existing provisions of SRA 2019."
In the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019 (hereinafter referred to as the principal rules), some rules have been inserted.
As per the 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".
In the principal rules, after rule 42, rule 42A has been inserted pointing, "Department of Law, Justice and Parliamentary Affairs shall submit the proposal for appointment of Advocate-General and other Law Officers to assist the Advocate-General in the court proceedings, for approval of the Lieutenant Governor through the Chief Secretary and the Chief Minister."
In the inserted rule 42B, "Any proposal regarding grant or refusal of prosecution sanction or filing of an appeal shall be placed before the Lieutenant Governor through the Chief Secretary by the Department of Law, Justice and Parliamentary Affairs".
In the principal rules, in rule 43, after the third proviso, the notification states that some provisos shall be inserted, focusing on matters connected with Prisons, Directorate of Prosecution and Forensic Science Laboratory, under which "the matters shall be submitted to the Lieutenant Governor by Administrative Secretary, Home Department through the Chief Secretary".
"Provided also that in respect of matters connected with posting and transfer of Administrative Secretaries and cadre posts of All India Services officers, the proposal shall be submitted to the Lieutenant Governor by the Administrative Secretary, General Administration Department through the Chief Secretary".
It is pertinent to mention that the principal rules were published in the Gazette of India dated August 27, 2020, and subsequently amended on February 28, 2024.