Administrative Role of J&K L-G

General Studies Paper-2

Context: Recently, the Union Ministry of Home Affairs (MHA) amended the Rules to widen the administrative role of Lieutenant Governor (L-G) of Jammu and Kashmir.

Key Changes

• Police and Public Order: The L-G now has more say in matters related to police and public order, aiming to strengthen the L-G’s role in maintaining law and order within the Union Territory.
  • Any proposal requiring prior concurrence of the Finance Department in these areas must be placed before the L-G first.
• All India Service (AIS): Transfers and postings of AIS officers now fall under the L-G’s purview. This change grants the L-G greater authority in managing the bureaucracy.
• Legal Appointments and Prosecution: Proposals regarding the appointment of the Advocate-General, Law Officers, and decisions on prosecution sanctions or appeals will now be submitted to the L-G for approval.
  • The Department of Law, Justice, and Parliamentary Affairs will play a crucial role in this process.
• Prisons and Forensic Science: Matters connected with Prisons and the Directorate of Prosecution and Forensic Science Laboratory will also be submitted to the L-G.

Lieutenant Governor

• A lieutenant governor serves as the constitutional head of five of India’s eight union territories.
• The President of India appoints the lieutenant governor for a five-year term, and they serve at the President’s pleasure.
• Responsibilities: The LG is the constitutional head of the UT, representing the President of India. Their role is largely ceremonial, similar to that of a Governor in a state.
  • The LG exercises executive powers on the aid and advice of the Council of Ministers, headed by the Chief Minister. However, they have discretionary powers in certain matters, such as law and order, land, and police, which can lead to conflicts with the elected government.
  • The LG can summon, prorogue, and dissolve the Legislative Assembly. They can also reserve certain bills for the President’s consideration.
  • The LG is responsible for the administration of the UT and can appoint administrators for various departments.

Challenges and Issues

• Conflict with Elected Governments: In UTs with legislative assemblies, there have been frequent conflicts between the LG and the elected government over the extent of their respective powers.
• Ambiguity in Powers: The constitutional provisions and laws defining the LG’s powers are often ambiguous, leading to different interpretations and disputes.
• Centralization of Power: Critics argue that the LG’s discretionary powers lead to centralization of power and undermine the autonomy of elected governments in UTs.