More power for Lt Governor means less democracy

New rules for Jammu and Kashmir do more harm than good

The Union government’s order vesting more powers with the Lieutenant Governor of the Union Territory of Jammu and Kashmir goes counter to the idea of empowerment of the people through democratic means, and the promise of grant of statehood. Through an amendment of the rules framed under the J&K Reorganisation Act, 2019, the government empowered the Lt-Governor to make decisions on crucial matters such as policing and granting sanctions for prosecution. Under the amended rules, Kashmir will not have the normal decision-making process and procedures that other states do. Instead of ministries taking decisions which are then approved by the Lt-Governor, proposals concerning policing and public order, among others, will go directly to the Lt-Governor through the chief secretary.

This is the second time that the government has amended what it calls the business rules of J&K through an executive notification. These rules should be seen in the context of the plan to hold Assembly elections in the union territory and the installation of a popular government. The elections should be held before September 30, the deadline given by the Supreme Court. By giving more powers to the Lt-Governor on matters that usually come under the purview of state governments, the Centre will be downgrading the elected government. It will mean that the current system will continue in a different form, and decisions on important matters will lie with the Lt-Governor, who will be a proxy for the Union government. The people of J&K have been looking forward to the restoration of the democratic process. The high polling percentage during the Lok Sabha election is proof of that. Assembly elections will be particularly significant because they are being held after 10 years.

The government has claimed that the rules have been amended to clearly define the powers of the Assembly and the functions of the Lt-Governor for smooth administration. But they go beyond that to diminish the government and strengthen the Lt-Governor’s office. The persistent tensions and squabbles between the Lt-Governor and the Delhi government are well-known. Kashmir should not be pushed into that situation. A democratic deficit and lack of trust in the Union government have been at the root of much of the discontent in Kashmir. The people should not be made to feel that the democratic process and elections are a farce. The government’s decision also creates doubts about the restoration of statehood, for which the government has not given a concrete timeline. The new rules will contribute to the making of another wrong and distorted model of federal relations.