by Humaira Nabi
SRINAGAR: Political tensions in Jammu and Kashmir are rising ahead of the Assembly election results, set to be announced on October 8. Two key controversies have emerged that could significantly impact the region’s future governance.
The first centres on the authority of the Lt Governor (LG) over law and order, while the second concerns the legitimacy of five nominated Members of the Legislative Assembly (MLAs) who the LG will nominate based on the advice of the Home Ministry.
The controversy emerged at a time when LG Sinha asserted that his administration’s commitment to maintaining law and order. In a recent interview with a news outlet, Sinha stressed that the administration under his leadership, alongside security forces, will continue to have full control over law and order in Jammu and Kashmir. He emphasised that there would be no compromise on security matters and vowed a stern response to anyone threatening the unity and integrity of the nation.
“As far as security is concerned, the LG administration will oversee law and order. Our security forces will give a befitting reply to anyone challenging the unity and integrity of the country,” Sinha asserted. This goes with the curtailment of the powers of the soon-to-be Chief Minister who may not have any rights over the police, transfer of IAS and IPS officers and judicial affairs in Jammu and Kashmir.
On July 12, the Ministry of Home Affairs extended the administrative authority of the LG of Jammu and Kashmir by amending the Transaction of Business Rules through an executive notification. This was already a point of contention before the election.
Now, the added power of the LG to nominate five MLAs has intensified the debate, with experts arguing that these nominations could play a pivotal role in forming the new government. These MLAs, representing Kashmiri displaced persons and those who migrated from the parts of Kashmir (JK) on the other side of the LoC, will hold full legislative powers, just like elected representatives.
This process follows amendments to the Jammu and Kashmir Reorganisation Act, 2019, which was further revised on July 26, 2023, to introduce these nominations. With this new arrangement, the Jammu and Kashmir Legislative Assembly will expand to 95 members, increasing the majority threshold to 48 seats to form a government.
It is worth noting that the Delimitation Commission, headed by retired Justice Ranjana Prakash Desai, had recommended representation for the communities of “Kashmiri Migrants” and “Displaced Persons from Pakistan-Occupied Jammu and Kashmir” in the Legislative Assembly of Jammu and Kashmir by way of nomination. The three-member commission also added six seats to the Jammu division and one to the Kashmir Valley. The total number of seats in the Assembly rose to 114 after the delimitation. Out of these, 24 seats are designated for areas of Jammu and Kashmir under the occupation of Pakistan. Of the remaining 90 seats, 43 are in the Jammu division and 47 in Kashmir.
Besides, the JKNC leader and former Chief Minister Omar Abdullah has expressed fears about attempts to curtail the future Chief Minister’s powers. Abdullah claimed that bureaucrats had been instructed to amend the Transaction of Business Rules, transferring significant powers to the LG. He accused the BJP of preparing to limit the authority of the future elected government.
“The BJP has clearly accepted defeat in J-K. Why else would the chief secretary be assigned the duty to change the Transaction of Business Rules of the government to curtail the powers of the chief minister/elected government and assign the same to the LG?” Abdullah wrote in a post on X. “This information has come to me from within the Secretariat. Officers would be well advised to resist any pressure to further dis-empower the incoming elected government.”
The Home Ministry responded by categorically denying the allegations, calling Abdullah’s claims “misleading and speculative.” In a statement, the Ministry clarified that the Jammu and Kashmir Reorganisation Act, 2019, passed by Parliament, provides for the notification of Transaction of Business Rules, which were formalized in 2020. The Ministry reiterated its commitment to respecting the democratic mandate of the people of Jammu and Kashmir after what it called a “historic free and fair election process.”
Rattan Lal Gupta, the NC’s provincial president, described the nominations as unconstitutional and undemocratic, arguing that such powers should rest with an elected government. “The power to nominate five MLAs lies solely with an elected government. These powers cannot be exercised by the LG in the absence of an elected body,” Gupta declared. He accused the BJP of trying to manipulate the election outcome through backdoor tactics, such as horse-trading and influencing independent candidates to alter the political landscape. The Congress party echoed this sentiment, with leaders Raman Bhalla and Ravinder Sharma calling the nominations a “fraud with democracy.”
While many hoped the elections which took place after a decade-long break would help the region move away from one-man, one-party rule, the ongoing controversies indicate it may take more time to achieve that goal.