Srinagar: Since the reorganisation of Jammu and Kashmir into a Union Territory (UT) in 2019, the authority of Omar Abdullah, the newly appointed Chief Minister, has been notably diminished, with the central government retaining major control over essential governance aspects in the region.
Although the new administration can address various local issues, its legislative powers remain constrained, particularly regarding its relationship with the Centre.
Local Governance Authority: What the CM Can Control
Municipal Governance: The Jammu and Kashmir Municipal Act empowers the government to legislate urban development and civic services, allowing for local governance over city matters.
Panchayati Raj: The J&K Panchayati Raj Act provides a framework for rural governance, enabling local self-government initiatives in villages.
Education: The J&K Education Act gives the Chief Minister’s government the authority to create laws impacting schools, colleges, and vocational training institutions.
Health: The J&K Health Act allows the administration to regulate public health services, hospitals, and health policy, in the region.
Agriculture and Tourism: Control over agricultural reforms and tourism promotion remains crucial for the local economy, with the state government able to legislate in these areas.
On July 12, the Union Ministry of Home Affairs further extended the powers of the Lieutenant Governor (LG) by amending the Transaction of Business Rules through an executive notification.
Key changes under the new rules include:
The LG now has final authority over the functioning of the All India Services in the UT, impacting the senior bureaucracy.
The Anti-Corruption Bureau, the Directorate of Public Prosecutions, Prisons, and the Jammu and Kashmir Forensic Science Laboratory are now under the LG’s control.
The LG must approve the appointment of the Advocate General and other law officers.
Approval from the LG is required for prosecution sanctions and appeals.
Areas Beyond the CM’s Reach
Certain critical areas remain firmly under central jurisdiction, including:
National Security and Defence: Laws concerning police, defense, and internal security require LG approval.
National Security and Defence: Laws concerning police, defence, and internal security require LG approval.
Taxation and Revenue: Major taxation laws like Income Tax and GST are centrally controlled, limiting the government’s ability to legislate on financial matters.
Foreign Policy and Constitutional Matters: The Chief Minister cannot influence foreign relations or constitutional amendments.
National Infrastructure and Transport: Legislation regarding national highways and railways falls under central authority.
The Jammu and Kashmir Reorganization Act, 2019, has solidified the central government’s control over the legislative processes of the UT. The Chief Minister’s administration must align its laws with national policies and often requires the LG’s approval for various critical matters.
