Srinagar: In the old state of Jammu and Kashmir, when he had a special status, the prime minister was the most powerful person in the decision-making process. Now, the rules introduced by the J&K Center for Government in the Union Territory make it unambiguous that the chief minister and her council of ministers would have no say in matters related to the Indian Administrative Service, the Indian Forest Service, the Police and the Anti-Corruption Office.
Reduced to an ornamental figure, the prime minister would not even have the power to transfer an agent from the Jammu and Kashmir Police.
Jammu and Kashmir has not had an elected prime minister since 2018 when the BJP-PDP government collapsed.
The 2019 Jammu and Kashmir Union Territory Government Business Transaction Rules, notified by the Ministry of the Interior, state that all proposals related to public order, police and IPS agents will be submitted to the Lieutenant Governor.
“Provided that, with regard to matters related to public order, the police and IPS officers, the matters will be submitted to the Lieutenant Governor by the Main Secretary of the Home through the Main Secretary,” the Regulation reads.
Police, therefore, will be an exclusive domain of LG.
In accordance with the Rules, the Commissioner or Secretary of the Department of General Administration will present to the Lieutenant Governor the proposals related to matters related to the All India Service Officers and the Anti-Corruption Bureau.
Now, the President of India will have the final say on any matter on which differences may arise between LG and the J&K Council of Ministers.
“In case of difference of opinion between the lieutenant governor and the council regarding any matter, the lieutenant governor will refer it to the central government for the president’s decision and will act in accordance with the president’s decision,” says provision 47 of the rules.
The J&K LG has been authorized to give instructions in situations such that the action taken by the Council of Ministers will be suspended while the President of India makes a decision on the cases referred to it.
“When a case is referred to the Central Government in accordance with rule 47, it will be competent for the Lieutenant Governor to order that the action be suspended pending the decision of the President on such case or in any case in which the matter, in his opinion , It is such that it is necessary that immediate actions be taken to give the direction or take the actions in the matter that he considers necessary ”, the Regulation reads.
According to the Rules, the LG can refer any matter to the Cabinet in case of a difference of opinion between it and a minister of the Union Territory of Jammu and Kashmir. “If the difference of opinion persists, the Lieutenant Governor may order that the matter be referred to the Council, which will consider the matter at its next scheduled meeting and communicate its decision, but no later than 15 days after the date of said reference,” They establish the Rules.
“In the event that such decision is not received within 15 days after the date of said reference, the decision of the Lieutenant Governor will be considered accepted by the Council of Ministers.”
The new governance framework at J&K establishes that the Lieutenant Governor must make a prior reference to the Central Government regarding proposals of the following nature:
- those affecting the Center’s relations with any state government, the Supreme Court of India or any other higher court;
- proposals for the appointment of Chief Secretary and General Director of Police;
- important cases that affect or may affect the peace and tranquility of the Union Territory; and
- cases that affect or may affect the interests of any minority community, programmed castes or backward classes.
The Trade Rules were notified nearly 10 months after Jammu and Kashmir began to function as a Union Territory on October 31, 2019, following the J&K Reorganization Act of 2019.
In August last year, the BJP-led central government removed J & K’s special status and forked J&K into two Union Territories, J&K and Ladakh.
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