SRINAGAR: The Jammu and Kashmir Lieutenant Governorโs administration have refuted claims made by the National Conference (NC)-led government and its allies that the mandate of the people is being disregarded.
The controversy erupted after the LG approved the transfer of 48 Jammu and Kashmir Administrative Service (JKAS) officers, including 14 Additional Deputy Commissioners (ADCs) and 26 Sub-Divisional Magistrates (SDMs).
The General Administration Department (GAD) issued the transfer order on Tuesday, at a time when the NC-led government was awaiting clearance from the Union Home Ministry for its proposed business rules, which had been submitted to the LGโs office a month ago.
According to official sources within the J&K LG Administration, the transfers were made under Section 32 of the Jammu and Kashmir Reorganisation Act, 2019, which grants the Lieutenant Governor the authority to manage officers responsible for public order.
The provision explicitly states that while the J&K Legislative Assembly can make laws on subjects listed under the State List, it has no authority over matters related to public order and police, which fall under the LGโs jurisdiction.
Sources further clarified, โThese powers were granted by the Parliament of India and cannot be altered unless amended by the Parliament itself.โ
Regarding the business rules, officials emphasized that they are procedural guidelines meant to complement the Reorganisation Act and ensure smooth governance.
The J&K LGโs office is currently reviewing the proposed rules, but they are pending approval from the Union Home Ministry, which is assessing whether they align with the J&K Reorganisation Act.
Amid mounting tensions over governance authority in Jammu and Kashmir, Chief Minister Omar Abdullah convened a high-level meeting of the NC legislative party and its coalition partners in Srinagar on Friday.
Following the meeting, senior NC leader and legislator Tanvir Sadiq told reporters, โThe government must respect the peopleโs mandate. We have passed a second resolution urging the Government of India (GOI) to uphold the democratic will. Our relationship with the LG is cordial, but it should not be mistaken for weakness.โ
He warned, โDo not push us against the wall. There should be coordination, but it must not be misinterpreted as submission. We have passed two resolutions on these issues.โ
Sadiq further condemned the Waqf Amendment Bill, stating, โIt is discriminatory against Muslims and religious custodians in the country.โ
Congress legislator Nizamuddin Bhat voiced support for the NC leadership, asserting, โWe stand firmly with the leader of the House on these matters. Our unity remains unshaken, and any further decisions will be taken on the Assembly floor.โ
On multiple occasions in the past, J&K Lieutenant Governor Manoj Sinha has stated that he has no objections to working alongside an elected government. He has consistently emphasized that he is not encroaching upon its authority, as the J&K Reorganisation Act clearly defines the separation of powers between the two.
Amid the escalating dispute, Chief Minister Omar Abdullah has reportedly written to J&K Chief Secretary Atal Dullo, LG Manoj Sinha, and Union Home Minister Amit Shah, protesting against the transfer of 48 JKAS officers. However, sources within the LG administration told The New Indian that they have not yet received any such communication.
This dispute comes just ahead of Union Home Minister Amit Shahโs two-day visit to Jammu and Kashmir on April 6 and 7. During his visit to both Jammu and Srinagar, he will chair a developmental review meeting, which will include the participation of Chief Minister Omar Abdullah. However, the Union Home Minister will also preside over a security review meeting, where the J&K Chief Minister is unlikely to be present, as law and order, as well as security matters, fall under the jurisdiction of the Lieutenant Governor (LG) and the Ministry of Home Affairs (MHA).
