When the Chief Election Commissioner of India, Rajiv Kumar, made an announcement on August 16th 2024 regarding holding of J&K Assembly elections, it was like a dream come true for the political parties in Jammu & Kashmir. The Kashmir based political parties like National Conference (NC), Peoples Democratic Party (PDP), Peoples Conference (PC), Apni Party, Awami Ittehad Party (AIP) and even independents were especially overwhelmed. Most of their leaders were under the impression that elections in J&K won’t be held sooner even as the Supreme Court had asked to hold the elections by September 2024. The announcement excited people as well and social media was bombarded with posts from netizens.
The elections were held in three phases for 90 seats. In the first phase, people in 24 assembly segments of Anantnag, Kulgam, Shopian and Pulwama districts in Kashmir valley and Ramban, Doda and Kishtwar districts in Jammu division went for polls on September 20th 2024. On 25th September, the 26 assembly segments in Srinagar, Ganderbal and Budgam districts of Kashmir valley and Poonch , Rajouri and Reasi districts of Jammu division went for polls. In the last and final phase of elections on October 1st 2024, Baramulla , Kupwara and Bandipora districts in North Kashmir and Udhampur , Kathua , Jammu and Samba districts in Jammu plains went for elections. The results were announced on October 8th and the National Conference got a huge mandate of people and their candidates won from 42 seats. Its partner Congress managed to get 6 seats, CPI (M) one seat. Four out of seven independent candidates, one winning candidate from Aam Aadmi Party-AAP have also decided to support the National Conference.
Limited powers of CM
Right now National Conference (NC) along with its 42 MLAs has the support of 12 more MLAs. This includes 6 from Congress, 4 Independents , 1 CPI (M) and 1 AAP MLA. This takes the NC’s number to 54 MLAs. This is indeed a huge mandate.
On the other hand, when we see the present legal and constitutional status of Jammu & Kashmir, the Chief Minister and his Cabinet Ministers will have limited powers as J&K is a Union Territory. Even the Lieutenant Governor (LG) whom we consider to be having absolute powers than the CM is also not an independent authority like the state Chief Minister. The LG himself has to take consent from the Ministry of Home Affairs on various administrative and security matters.
In the past when J&K was a state, the leader of the single largest party would submit the letter of claim to form the Govt and the Governor would act quickly. This is what we see in other states as well, but this isn’t the case as of now. The Raj Bhavan (LG’s Office) has to take up the Govt formation issue in J&K with the President of India office and the case would be further referred to Home Ministry- MHA and then only the oath ceremony would take place for Omar Abdullah and his council of Ministers.
It is important to note that the Union Ministry of Home Affairs- MHA on July 12th this year extended the administrative authority of J&K’s Lieutenant Governor-LG by making an amendment in the Transaction of Business Rules 2019 through an executive notification. As per MHA notification of July 12th 2024 , the President, in exercise of 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 said Act, made rules to amend the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019.
Bureaucracy and ACB under LG’s control
Under the new rules, the LG will now have the final say on the functioning of the All India Services-All India Services-AIS that includes the senior bureaucracy of the Union Territory (IAS, IPS, IRS etc). The new rules have also placed the Anti-Corruption Bureau-ACB, the Directorate of Public Prosecutions, Prisons, and the Jammu and Kashmir Forensic Science Laboratory under the LG’s control. The LG will also have the final approval over the appointment of the Advocate General and other law officers, but the proposal has to be routed through CM & Chief Secretary. This means the elected Government headed by Chief Minister of UT of J&K will have to first seek the LG’s approval for the grant or refusal of prosecution sanction or the filing of an appeal. Even to prosecute corrupt Govt officers against whom there are allegations of corruption, the elected Govt cannot take a call on its own. This indicates that the General Administration Department -GAD which would function under the command and control of LG & Chief Secretary. This is going to cause a lot of chaos and confusion in the functioning of the bureaucracy. By making amendments in the Business Rules of J&K Reorganisation Act 2019 in July this year it seems Govt of India had no plans to restore the statehood of J&K at an earliest. These amendments are continuation of the existing administrative framework under LG that came into force officially with effect from Oct 31st 2019 when J&K Reorganisation Act 2019 was rolled out in J&K. The powers of LG in J&K were similar to other UT’s of India including Delhi but with the changes made in July this year it seems that the Govt of India wants to consolidate its control in J&K by weakening the institution of Chief Minister and his council of Ministers .
Kejriwal’s advise to Omar
Aam Aadmi Party -AAP leader Arvind Kejriwal who had come to Doda on Sunday to felicitate his party leader Mehraj Malik for his victory in the recent elections advised Chief Minister designate Omar Abdullah to seek his help if he faced any problem while running the Govt in the Union territory.
“Like Delhi, Jammu and Kashmir has been made a half state, all power has been given to the Lieutenant Governor. I would like to tell Omar Abdullah that if you face any problem in working, ask me, I know how to run Delhi “ Kejriwal said. He addressed a massive gathering in Sports Stadium Doda which was addressed by Punjab Chief Minister Baghwant Mann, AAP MP Sanjay Singh and Delhi Minister Imaran Hussain as well.
PM , HM Promise statehood restoration
Prime Minister Modi and Union Home Minister Amit Shah on several occasions have promised to restore J&K’s statehood. As a resident of Jammu & Kashmir I am unable to understand that when both these leaders promised to restore statehood , what is the need to give extra powers to the Lieutenant Governor or LG of J&K ? On this year’s International Yoga Day (June 21st 2024 ) PM Modi personally arrived in Srinagar to attend a Yoga programme. This was seen as a youth outreach programme . At Srinaga’s Sher e Kashmir International Convention Complex – SKICC PM Modi said:
“Preparations have started for the assembly election. That time is not far when you can choose the government with your vote”. His next comment brought a loud round of applause and cheers from the audience when he said “That day is not far away either when Jammu and Kashmir can decide its own future as a state”.
Recently on September 19th Prime Minister Modi again promised to restore J&K’s statehood without specifying the time limit. While addressing a BJP’s election rally in Srinagar Modi said
“ We had promised in the parliament that Jammu and Kashmir will again be a state and only the BJP will fulfill this commitment,”
In his election rally speech on September 7th 2024 the Union Home Minister Amit Shah while addressing a gathering in Jammu assured that J&K’s statehood would be restored. National Conference leader Omar Abdullah on Wednesday said that he expects Prime Minister Narendra Modi to do the “honourable thing” by restoring the promised statehood to the union territory of Jammu and Kashmir. He also said that first business of NC-Congress coalition Govt should be to pass a resolution in the cabinet seeking restoration of statehood. Will that help no , even if the Assembly passes this resolution or a law the centre has powers to revoke that in the existing UT setup in J&K
Time to fulfil the promise
On one hand, PM Modi gives people of J&K assurance that the day is not far when J&K will be a state again but even after 5 years of Article 370 abrogation J&K continues to be a Union Territory, It was expected that Prime Minister Modi would make a special address after the peaceful conclusion of phase 3 of J&K elections on October 1st 2024 and would make an announcement about statehood restoration. But that didn’t happen even as the deadline to hold elections by September end was given by the Supreme Court of India.
Like a true leader and not caring for the mandate for his party (BJP) in J&K, he should have made an announcement for statehood restoration even before the election results were out. Now the election is over and people have given a clear mandate to the National Conference, even now the Govt of India headed by PM Modi seems to be silent on J&K’s statehood restoration. We do not get even a sense of feeling about it. It seems that the J&K Chief Minister along with his Cabinet colleagues will have to strive and struggle for statehood restoration for another 5 years. They have a bigger challenge when it comes to restoration of Article 370 and 35 A for as NC has made a promise on these issues as well in its election manifesto.
- Views expressed in the article are the author’s own and do not necessarily represent the editorial stance of Kashmir Observer
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