Jammu, Apr 6: National Conference (NC) Additional General Secretary and former minister, Ajay Kumar Sadhotra on Sunday came down heavily on the Bharatiya Janata Party (BJP) for what he termed as deliberate attempts to obstruct the seamless and smooth.
Addressing a public meeting at Udheywala, Sadhotra asserted, “The BJP, unable to come to terms with the 2024 electoral verdict, is creating roadblocks that hinder effective governance and violate democratic norms.”
He said the will of the people of Jammu and Kashmir must be respected, and the mandate given in 2024 cannot be subverted through “backdoor mechanisms or unconstitutional interference”. “The BJP has failed to digest the popular mandate and is resorting to dual governance in this sensitive region, which clearly shows its unwillingness to reconcile with the ground realities,” he said.
The NC leader strongly criticised the “misuse” of Section 53 of the Jammu & Kashmir Reorganisation Act, 2019, saying it cannot be invoked as a blanket excuse to bypass the jurisdiction of a duly elected government. He said India, as a democratic republic, functions under the rule of law and constitutional governance, and any deviation from this framework sets a dangerous precedent.
“Under the constitutional scheme of India, the executive powers of the Union are limited to subjects on which the Parliament is empowered to legislate, while the executive powers of the States and Union Territories especially those with legislatures like J&K extend to subjects within the State List, barring specific exceptions,” he said.
Referring to Section 32 of the J&K Reorganisation Act, he pointed out that the J&K Legislative Assembly is empowered to legislate on all subjects in the State List except “Public Order” and “Police”, which are excluded. This, he said, clearly vests the Union Territory Government with executive authority over all remaining State List matters.
“Entry 41 of the State List, which pertains to ‘State Public Services’, squarely falls within the jurisdiction of the J&K UT Government. Therefore, the legislative and consequently the executive powers in respect of this matter lie with the elected government,” the NC Additional General Secretary said.
Sadhotra cited Section 53 of the Reorganisation Act, which provides for a Council of Ministers, headed by the Chief Minister to aid and advise the Lieutenant Governor in matters falling within the legislative domain of the UT. “Except in areas where the LG is specifically required to act in his discretion such as matters concerning All India Services, the Anti-Corruption Bureau, and certain Home Department affairs the LG is constitutionally bound to act on the aid and advice of the elected Council of Ministers,” he observed.
The former minister made it clear that all executive powers related to State Public Services lie with the elected government and that the transfers and postings of officers belonging to these services fall exclusively within the jurisdiction of the UT administration. “Any attempt to bypass this arrangement is not only unconstitutional but also a betrayal of the people’s mandate,” he cautioned.
Calling for an end to this “constitutional overreach”, Sadhotra advised the BJP to respect the democratic framework and allow the Omar Abdullah-led government to function without interference, in the interest of stability, governance, and public welfare in Jammu and Kashmir.
