In a recent post on X (formerly Twitter), Jammu and Kashmir National Conference (JKNC) Vice-President Omar Abdullah alleged that the BJP has accepted defeat in the region’s elections.
Abdullah claimed that the Chief Secretary was instructed to amend the Transaction of Business Rules to curtail the future powers of the Chief Minister and transfer them to the Lieutenant Governor (L-G).
He urged officials to resist pressures that may further disempower the incoming elected government.
The Ministry of Home Affairs (MHA) responded, dismissing Abdullah’s claims as “misleading and speculative.”
They said that no such proposal exists, stating that the Jammu and Kashmir Reorganisation Act of 2019 already provides for the Transaction of Business Rules, which were notified in 2020.
According to the MHA, the elections in Jammu Kashmir were conducted in a “free and fair” manner with full public support.
The Limited Scope of Jammu Kashmir’s Legislative Assembly
Since the revocation of Jammu and Kashmir’s special status on August 5, 2019, under Article 370 of the Indian Constitution, the region has been divided into two Union Territories – Jammu and Kashmir, and Ladakh. The Jammu and Kashmir Legislative Assembly’s lawmaking powers, once it is reconstituted, are notably limited.
Under the rules, the Assembly can legislate on matters within the State List, except those related to “Police” and “Public Order.” These two crucial areas fall under the jurisdiction of the central government and the L-G.
The Assembly also shares authority with the Union Government on the Concurrent List, which includes subjects like education, marriages, property transfer, forests, trade unions, and labor welfare. These limitations significantly restrict the legislative power of the Assembly.
Expanded Role for the Lieutenant Governor
Further diminishing the authority of an elected Assembly, the MHA amended the Transaction of Business Rules on July 13, 2024. These changes expand the administrative powers of the L-G, giving them greater control over police, public order, and All India Services (AIS).
The L-G now holds a say in transfers and postings of IAS officers and must approve proposals concerning the appointment of the Advocate-General, Law Officers, and prosecution sanctions.
With these amendments in place, the L-G’s role is strengthened even further, raising concerns about the extent of autonomy an elected government would have in Jammu Kashmir once statehood is restored.
Central rule has been in effect in the region since June 2018, and while the government has assured that statehood will be reinstated after the Assembly elections, the new rules indicate that the elected government may face significant constraints.
What the Assembly Can Do
While its powers are limited, the Jammu and Kashmir Assembly can still legislate on local matters such as healthcare, education, agriculture, and infrastructure development, provided these do not fall under the reserved subjects.
These are critical areas that will impact the daily lives of citizens in the region, however, the Assembly’s effectiveness in governing these areas will depend largely on the cooperation between the elected representatives and the LG, who retains substantial authority.