DOGRA HERALD BUREAU
jammu, Dec 6
Amid the growing friction over the division of powers between the Raj Bhavan and the elected government in Jammu and Kashmir, the Union Home Ministry has said that there is no question of overlapping powers as jurisdictions are very clear, said sources on Friday.
This comes after a few instances where the Omar Abdullah government has cried foul.
Taking the brewing confrontation further, Deputy Chief Minister Surinder Choudhary on Friday said the Omar Abdullah government has enough powers to rise to the aspirations of the people.
The appointment of the advocate general is one point in question where the friction appears to have produced some heat.
D.C. Raina had resigned as the advocate general of the UT immediately after the elected government took office. Chief Minister Omar Abdullah later ‘rejected’ Raina’s resignation and asked him to continue as the advocate general.
Despite the chief minister’s directive, Raina could not resume his duty as the advocate general reportedly because the approval from the Raj Bhavan did not come to confirm the chief minister’s directive.
This is believed to be one ‘clash of authority’ between Raj Bhavan and the elected government.
The other flashpoint was reportedly provided by the transfer of three IAS officers by the Raj Bhavan while the chief minister was away in Saudi Arabia performing the ‘Umrah’ (Pilgrimage to Mecca other than the annual Haj).
“If seen from the right perspective, there is no overlapping of jurisdiction. The right to appoint the advocate general wrests with the Lt Governor under the J&K Reorganisation Act 2019 read with the J&K Reorganisation Amendment Act 2023. There is no way this should be interpreted as any point of friction between the Lt Governor and the chief minister. The chief minister, as long as he is the CM of J&K as a union territory, should have no confusion about his powers. The chief minister has all the powers except that the prerogative to transfer IAS/IPS officers lies entirely with the Lt. Governor as does his power over the UT police department. If the Lt Governor ordered the transfer of some IAS officer in the interest of administration why should anybody try and interpret it as overlapping or overstepping of jurisdiction?” sources in the Union Home Ministry said.
“Lt Governor Manoj Sinha has made it amply clear that he stands to support and work together with the elected government. In fact, it was the tireless effort and commitment of the L-G that both Lok Sabha and Legislative Assembly elections were held peacefully and in the fairest manner that ensured that the will of the people was reflected in the elected government that we have in J&K today,” the sources said.
“The L-G is constitution-bound to perform his duty as clearly defined in the Reorganisation Act. Yes, there is nothing called absolute power which lies either with the Lt Governor or the chief minister. Both are constitutionally elected and appointed offices and each has to perform for the benefit of the people. Anybody trying to create a wedge between the offices of the Lt. Governor and the chief minister is neither a well-wisher of the people nor of the two August offices he/she wants to bring into confrontation”, sources in the ministry further said.
The same sources added that the rules of business are being vetted by the Union Home Ministry and would soon be made public to put at rest all speculations of overlapping of jurisdiction in J&K.
In a nutshell, as long as J&K remains a UT, the members of the council of ministers must understand the limitations put by the Constitution on their right to freely exercise powers when these come into conflict with those vested by the Constitution in the office of the LG.
