Srinagar, Oct 9: With the National Conference (NC) and Congress alliance poised to form the next government in Jammu and Kashmir following the recent Assembly elections results, the governance framework will adhere to the guidelines set forth by the J&K Reorganization Act, 2019. This act, enacted after the abrogation of Article 370, outlines the powers of the Chief Minister (CM), Lieutenant Governor (LG), and key administrative officials, establishing Jammu and Kashmir as a Union Territory (UT).
The NC-Congress government will comprise a nine-member Council of Ministers, including the Chief Minister, in accordance with the Reorganization Act, which limits the cabinet size to 10% of the total members in the legislative assembly. While the newly elected government will manage day-to-day administration, it will operate under certain constraints, as key areas such as policing, land, and public order will remain under the jurisdiction of the LG.
NC’s Vice President, Omar Abdullah, emphasized the government’s commitment to addressing the pressing issues facing the people of Jammu and Kashmir, including job creation, the restoration of statehood, and infrastructure development. “However, we recognize that maintaining a productive relationship with New Delhi is essential to effectively govern,” he stated during a press conference on Wednesday.
Under the J&K Reorganization Act, the Chief Secretary of Jammu and Kashmir will serve as the principal advisor to the Chief Minister and the Council of Ministers. The Chief Secretary will facilitate coordination between the elected government and the Lieutenant Governor’s office, particularly on matters related to law and order, ensuring the implementation of policies within the administrative framework.
Department heads, particularly in critical areas like Education and Health, will report directly to the Chief Secretary while working under the guidance of the elected ministers. However, departments related to land and policing will coordinate with both the state administration and the Ministry of Home Affairs, given the UT’s status.
The Lieutenant Governor retains substantial authority in Jammu and Kashmir, especially in security, law and order, and land management, areas that fall directly under the control of the Central Government. The LG acts as its representative, with a governance structure akin to that of Delhi, where the LG oversees key administrative aspects in collaboration with the Chief Minister.
According to the Act, the LG can exercise veto powers over decisions made by the Council of Ministers if deemed necessary for national interests. Moreover, the LG has the authority to nominate five members to the J&K Legislative Assembly, a point that has stirred controversy.
However, Omar Abdullah urged the LG to avoid nominating BJP members, cautioning that such a move would exacerbate tensions and opposition. “Nominating five BJP members will only lead to unnecessary friction. It won’t alter the government’s composition but could damage relations from day one,” he added.
