J-K: Where lies balance of power?

Jammu, Oct 26: “Any other departments or subjects, not allocated to any of the Ministers, shall remain with the Chief Minister.”

The footnote in the order regarding departments assigned to the Ministers of the Chief Minister Omar Abdullah issued on October 17 had read.

In the changed scenario, where J&K is a Union Territory and not a State, the order left a state of confusion as “any other departments or subjects not allocated to any of the Ministers...” certainly could not include the Home Department.

Though officially speaking, the Departments of General Administration; Finance; Power Development; Revenue; Housing and Urban Development; Law, Justice and Parliamentary Affairs; Information (all departments not allocated to any other minister) etc., are with the Chief Minister.

Yet perplexity was also in the backdrop of a notification of the Ministry of Home Affairs (MHA) vis-a-vis “Transaction of Business of the Government of Union Territory of Jammu and Kashmir (Second Amendment) Rules, 2024”, issued on July 12, 2024.

The MHA notification triggered a debate about whether it (notification) had curtailed the powers of the (incoming) Chief Minister as amendments related to the Departments of General Administration; Finance and Law, Justice and Parliamentary Affairs as well as the Home Department.

Now after the J&K Council of Ministers was assigned portfolios, there were obvious questions regarding the status of these crucial departments.

The most pertinent question was - Where is the balance of power?

J&K Bharatiya Janata Party (BJP) Chief Spokesperson, Sunil Sethi, who is also a prominent senior advocate, while responding to Greater Kashmir’s related queries, stated, “I don’t find any confusion. Any department, which is not allotted to anybody else, is with the Chief Minister. Yes, the Home Department is not with the J&K Government. Other than Home, every department, which is not allocated to any other Minister, is with the Chief Minister only.”

Is there any confusion about the Finance Department, regarding the division of powers? “No. The Finance Department is with the Chief Minister. The only thing under the J&K Reorganisation Act is – that whatever bill, means a Financial Bill is passed by the (J&K Legislative) Assembly, goes to the Lieutenant Governor for clearance. But as far as its (department’s) functioning is concerning; it is under the Chief Minister till he appoints somebody else the Finance Minister.”

Does any confusion persist about the division of powers between the J&K Lieutenant Governor and the Chief Minister?

“No, there is no confusion. See there are certain powers with the LG, which he exercises on the advice of the Chief Minister. It clearly means that there is a role for the Chief Minister (or his Council of Ministers) to play. There are certain specific issues where it is not binding on him (LG) to take advice. Division of power is very clear in the J&K Reorganisation Act,” Sethi points out.

A senior official, wishing anonymity, in sync with Sethi’s proposition, further elaborates, “Actually the situation will be clearer in the days to come after the vacancies in the Council of Ministers are filled and other departments will be allocated to the new Ministers. Following this, the concerned departments will also update their sites and there will be no scope for any confusion on this account. As far as certain powers of the Lieutenant Governor, specifically notified by MHA, are concerned, there should be no ambiguity.”

The interesting point is that other than the website of the J&K Revenue Department, no other Department (under the Chief Minister) displays his (Chief Minister’s) picture on its site, as of now.  Most of the sites carry pictures of the Lieutenant Governor and the concerned Administrative Secretaries only.

WHAT WAS MHA’S NOTIFICATION

As per amended rules, no proposal, which requires previous concurrence of the Finance Department with regard to ‘Police’, ‘Public Order’, ‘All India Service’ and ‘Anti-Corruption Bureau’ to exercise the discretion of the Lieutenant Governor under the Act, will be concurred or rejected unless it has been placed before the Lieutenant Governor through the Chief Secretary.

It simply means that the Lieutenant Governor will have the power to transfer IAS and IPS officers and will have direct control over the Police, 'Public Order’ and ‘Anti-Corruption Bureau.’

Besides, the Department of Law, Justice and Parliamentary Affairs will submit the proposal for the appointment of the Advocate General and other Law Officers to assist the Advocate-General in the court proceedings, for approval of the Lieutenant Governor through the Chief Secretary and the Chief Minister.

Any proposal regarding the grant or refusal of prosecution sanction or filing of an appeal will be placed before the Lieutenant Governor through the Chief Secretary by the Department of Law, Justice and Parliamentary Affairs.

In respect of matters connected with Prisons, Directorate of Prosecution and Forensic Science Laboratory, the matters will be submitted to the Lieutenant Governor by the Administrative Secretary, Home Department through the Chief Secretary.

In respect of matters connected with the posting and transfer of Administrative Secretaries and cadre posts of All India Services officers, proposals will be submitted to the Lieutenant Governor by the Administrative Secretary, General Administration Department through the Chief Secretary.