Whoever wins the elections in Jammu and Kashmir, will LG run the government?

J&K Election 2024: The results of the assembly elections held in Jammu and Kashmir are coming, and voting took place in three phases on 90 seats of the state. But amid the election discussion, there has been a new twist in the last few days. Amidst political analysis and seat calculations, the focus has suddenly shifted to the 5 nominated MLAs whom the Lieutenant Governor (LG) will nominate directly to the Assembly without contesting elections. This has sparked a big debate as to who will have the real power—the elected government or the Lieutenant Governor?

Is the government being decided through the Lieutenant Governor?

This question has arisen because the Lieutenant Governor has the right to nominate these 5 MLAs. In such a situation, the question is also natural that if no party has a majority, then the future of the government can be decided by the votes of these 5 nominated MLAs. When the Lieutenant Governor has such an important role in the process of forming the government, it is natural to have doubts about how much independence and power the elected government will have.

In fact, assembly elections were held in Jammu and Kashmir after the intervention of the Supreme Court, but this election has now been held in a union territory instead of a state. Even before this, the central government has given excessive powers to the Lieutenant Governor, and in such a situation it is natural to raise the question that even after winning the elections, will the government remain only symbolic and the real control will remain with the Lieutenant Governor?

LG has control of police and public order

This apprehension is not just imagination. Since the reorganization of Bangladesh, the elected government of Jammu and Kashmir will not have control of important departments like police and public order. These powers will be directly with the Lieutenant Governor. From the appointment and transfer of police, civil services to other administrative powers, which were earlier handled by the state government, now rests with the Lieutenant Governor.

The Home Department of Jammu and Kashmir, which is often tried to be handled by the most powerful ministers of the state, will now be out of the purview of the elected government. Apart from this, public order, which has a deep impact on administrative and legal decisions, will also be under the control of the Lieutenant Governor. It is clear from this that the power of policy making and implementation of the government will be limited to a great extent.

Concurrent List and Legal Rights

The Jammu and Kashmir Assembly has been limited in its right to make laws even on the subjects given under the Concurrent List. The Concurrent List contains matters on which both the Center and the State can make laws, but in Jammu and Kashmir this power will also be directly with the Center or the Lieutenant Governor.

It is clear from this that the government to be formed in Jammu and Kashmir will not only work with limited powers, but the role of the Lieutenant Governor will always dominate in important decisions. Policy making and administrative independence will become challenging for the elected government to a great extent.

Review of LG's decisions impossible

Under Section 55 of the Jammu and Kashmir Reorganization Act, the decisions of the Lieutenant Governor cannot be reviewed by the elected government or the cabinet. This is a system that is putting the democratic processes of Jammu and Kashmir under question. Further, a representative of the Lieutenant Governor will be present in all cabinet meetings, which makes it clear that the Center's interference will remain on every decision of the state government.

Will the government be just in name?

The main question in this entire scenario is whether the government elected after the elections in Jammu and Kashmir will actually be able to work independently or the real key to power will remain in the hands of the Lieutenant Governor. Serious questions arise on the independence of the government as the Lieutenant Governor has direct power over police, administration, law and order and many other departments.

After independence, such a situation has rarely been seen in any state or union territory that a representative of the Center is present in the cabinet meeting and such a big question mark is raised on the policy making ability of the state government. In such a situation, it is feared that no matter which party wins the elections, the Lieutenant Governor will actually run the government.