Latest news with #KReorganisationAct
The Hindu
3 days ago
- Politics
- The Hindu
J&K Assembly's nominated seats outside the realm of govt., L-G has statutory powers: MHA
The Union Ministry of Home Affairs has informed the Jammu and Kashmir High Court that the Union Territory's Lieutenant-Governor can nominate five members to the J&K Legislative Assembly without the government's 'aid and advice'. It said the office of the Lieutenant-Governor was not an extension of the government. The Ministry said that the nominations were 'outside the realm of the business of the elected government of J&K'. 'Once the Parliament bylaw recognises the Lieutenant-Governor as a distinct authority from the government of Union Territory under Parliamentary enactment, it necessarily follows that when a power is conferred upon the Lieutenant-Governor, then the same must be exercised as a statutory function and not as an extension of his duties as the head of the UT Government.... there can be no manner of doubt that it is the Lieutenant-Governor who has to exercise this statutory duty in his discretion, as a statutory functionary and not as an extension of the government, thus, without aid and advice,' the MHA's affidavit in court said. The powers to nominate three members -- two Kashmiri migrants, including a woman, and one member from the Pakistan-occupied-J&K (PoJK) community -- to the Assembly was inserted in 2023 with an amendment to the J&K Reorganisation Act, 2019 by the Parliament. The 2019 Act also provided for nomination of two women to the Assembly if in the opinion of the Lieutenant-Governor, women are not adequately represented in the Assembly. The amendment was challenged through a public interest litigation (PIL) filed by Congress leader Ravinder Kumar Sharma. While hearing the petition, the High Court on October 21, 2024 had sought a reply from the Union government on the changes to the 2019 Act. 'Whether Sections, 15, 15-A and 15-b of the J&K Reorganisation Act, 2019, making provision for nominating the members of Legislative Assembly over and above the sanctioned strength of the Legislative Assembly, and which have the potential of converting the minority government into a majority government and vice versa, is ultra vires the Constitution being in violation of basic structure of the Constitution?' it had asked. The 2023 amendment had increased the total number of seats to 119 from the existing 114. The government had kept 24 seats vacant for the PoJK areas. In the affidavit filed on July 24, the MHA said the 'present writ petition has become academic as the scenario contemplated did not arise'. It said that 'the interpretation of Section 12 of the Union Territories Act, 1963 would pari materia apply to Sections 15, 15A and 15B of the J&K Reorganisation Act and accordingly, the nominations so made, would be made without the aid and advice of the Council of Ministers, being outside the realm of the business of the elected government of J&K.' The MHA said that the petitioner had failed to substantiate the claim that the nominations made under the J&K Reorganisation Act, 2019 exceed the sanctioned strength of the Legislative Assembly, while those under the Government of Union Territories Act, 1963, do not. 'The Petitioner has not provided any cogent legal basis or statutory interpretation to support such a distinction, and the submissions in this regard remain misconceived and unsustainable in law,' the MHA said. It added that Section 14(3) of the 2019 Act 'does not provide the total strength of the Legislative Assembly; but merely provides the number of directly elected members to such Legislative Assembly'. 'The sanctioned strength of the Assembly, therefore, is not 114, but 114 + all members nominated in terms of Sections 15, 15A and 15B,' the MHA said. It further said that the fallacious statutory interpretation of the petitioner was to be cross-applied to the Union Territory of Puducherry, then as per such reading, the total strength of the Assembly of Puducherry under Section 3(2) of the 1963 Act would be 30. 'Whereas, as per his own case, the sanctioned strength of the Legislative Assembly for the UT of Puducherry has been stated to be 33, i.e. 30 +3,' MHA said. The case is scheduled for hearing on August 14. The election to the 90-seat J&K Assembly was held in September-October 2024 and the results were declared on October 8, with the National Conference-Congress alliance sweeping the polls.
Indian Express
05-08-2025
- Politics
- Indian Express
What will it take to restore J&K statehood
Six years after the Centre's unprecedented decision to reorganise the erstwhile state of Jammu & Kashmir into two Union Territories — J&K and Ladakh — calls to restore statehood have been getting louder. Last month, J&K Chief Minister Omar Abdullah made a forceful plea to the Centre for restoring statehood. 'We're not asking for something that is not our due. Statehood is the right, it was promised to the people,' he had said on July 20. What would restoration of statehood mean for J&K? What would it take for that to happen? Statehood will empower CM The J&K Reorganisation Act was passed in Parliament on August 6, 2019. It gave the Centre, through the Lieutenant Governor, a heightened legislative role in J&K, and put the bureaucratic apparatus in the UT under the Union Home Minister. Both policing and public order were placed within control of the Centre. Subjects on the Concurrent List in the Constitution were taken off the plate of the legislative Assembly as well. The Act also barred the UT's legislature from introducing bills with any fiscal, monetary or taxation implications without the recommendation of the L-G. This is particularly limiting since virtually every policy decision requires taxation, expenditure or revenue adjustments. So a restoration of statehood would effectively empower the elected government in J&K and vastly reduce the powers of the L-G, who, according to Section 53 of the Reorganisation Act, has the 'final' say on almost every administrative and legislative decision. '…The decision of the Lieutenant Governor in his discretion shall be final, and the validity of anything done by the Lieutenant Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion…,' Section 53 states. Act of Parliament will be needed The J&K Reorganisation was without precedent — no state had ever been reduced to a UT before. But granting statehood would not be without precedent. Five UTs have previously been granted statehood by Parliament: Himachal Pradesh in 1971, Manipur and Tripura in 1972, and Arunachal Pradesh and Mizoram in 1987. Additionally, the state of Goa was carved out of the then UT of Goa, Daman and Diu in 1987. For statehood to be restored to J&K, the Reorganisation Act would have to be repealed, and the Centre would have to introduce a fresh bill in Parliament, which then would have to be passed in both Lok Sabha and Rajya Sabha. Article 3 of the Constitution empowers Parliament to form a new state out of the territory of any other state or UT, as well as to change the area or name of a state. But a bill to this effect can only be introduced on the recommendation of the President. Since the President acts only on the aid and advice of the Council of Ministers — led by the Prime Minister — this essentially means that it is up to the Centre to recommend the introduction of the bill for restoration of statehood.
The Hindu
04-07-2025
- Business
- The Hindu
L-G is interfering in functioning of J&K's Information Dept., delaying ‘Business Rules', says NC's Tanvir Sadiq
The ruling National Conference (NC) on Thursday (July 3, 2025) said the Raj Bhavan was interfering with the functioning of the Jammu and Kashmir Information Department, creating hurdles in the approval for the appointment of the Advocate General, and causing delays in returning the 'Business Rules', approved by the Cabinet, for smooth governance in the Union Territory. 'Why is there interference in the functioning of the Director of the Information Department? The office of the Advocate General has been rendered non-functional since the elected government agreed to retain the same Advocate General, originally appointed by the Raj Bhavan, in October 2024,' NC leader and MLA Tanvir Sadiq said. 'The Business Rules, sent not once but twice [to the Governor] by the Cabinet, are yet to receive the necessary approval from the L-G. He needs to walk the talk,' he added. Mr. Sadiq was reacting to a statement by L-G on his functioning in J&K. 'I don't cross the boundaries of governance. I only have control over the police,' Mr. Sinha had said earlier in the day. There has been persistent friction between the J&K government and the Raj Bhavan ever since an elected government took over the reins of the Union Territory in October 2024. The Omar Abdullah government in March this year forwarded the draft Business Rules to the Raj Bhavan for approval. The J&K government is mandated by the J&K Reorganisation Act, 2019 to prepare a draft proposal of the Business Rules for the Governor's approval. The Business Rules demarcate the functioning of the Raj Bhavan, the Chief Minister, and the Council of Ministers. The Act grants the L-G power to control the J&K Police, and all the matters related to law and order in the Union Territory. Meanwhile, in a letter addressed to the Raj Bhavan, NC MLA Salman Sagar urged the extension of the traditional Muharram procession from the city's Sheeshgari Mohalla Khanyar to Chinkra Mohalla Habba Kadal. 'I am hopeful that the request will be considered in good faith, and the extension will be permitted this year,' Mr. Sagar said.
