Who Controls the J&K Police: LG Manoj Sinha or CM Omar Abdullah?

With Omar Abdullah becoming the first Chief Miniter of the Union Territory of Jammu and Kashmir, after the abrogation of article 370, a new question has come to light, who is the weilder of ultimate power in the UT? LG or the democratically elected CM. Let’s discuss the distribution of power between the two authorities of the state. 

According to the Jammu and Kashmir Reorganisation Act, 2019, the Union Territory (UT) of Jammu and Kashmir has a political structure that emphasizes the considerable authority held by the Lieutenant Governor (LG). Although the Council of Ministers and the Legislative Assembly will be elected, the LG of the state as appointed by the President of India will have the ultimate authority in majority of the aspects of the state governance.

J&K Police Control Remains with LG

Here are the broad powers of the Lieutenant Governor (LG) as per the Reorganisation Act, summarized in bullet points:

• Executive Control: The LG has authority over key areas like police, public order, and land.
• Discretionary Power (Section 53): The LG can act independently in matters outside the scope of the elected assembly or as required by law.
• All India Services & Anti-Corruption Bureau: The LG oversees areas like All India Services and the Anti-Corruption Bureau.
• Ordinance Power: The LG can issue ordinances when the Assembly is not in session, granting him legislative authority.
• Financial Legislation: Any financial bills require the LG's recommendation before being introduced in the Legislative Assembly.

Who Holds the Final Say on Financial Budget?

The Elected Government's final say on expenditure composition and budgetary allotments remains with the LG. The UT will have a Council of Ministers to support its governance, even with the LG having ultimate authority. 

The Council, headed by Chief Minister Omar Abdullah, will be limited to having a maximum of 10% of the total members of the Legislative Assembly. The council of ministers appointed by the LG on the advice of the CM has a collective responsibility towards the state assembly. 

ALSO READ: Uttarakhand to Pass UCC Bill Soon: Dhami Govt Prepares for Uniform Civil Code

ALSO READ: What is Section 6A of the Citizenship Act, Why Did SC Decide to not Make any Changes?