New Delhi:

When Jammu and Kashmir Chief Minister Omar Abdullah meets Union Home Minister Amit Shah in New Delhi on Wednesday, restoration of statehood will not be the only item on the top of the agenda, sources have told NDTV, indicating that the amended Transaction of Business Rules – which have given additional powers to the Lieutenant Governor – will also be a key topic of discussion.

Introduced as part of changes in the Jammu and Kashmir Reorganisation Act, the amendments to the Transaction of Business Rules (TBR) were made in July, two months before the Assembly elections in the Union Territory. They widened some of the powers of the Lieutenant Governor and had attracted criticism from Mr Abdullah at the time as well. 

“Another indicator that elections are around the corner in Jammu and Kashmir. This is why a firm commitment laying out the timeline for restoration of full, undiluted statehood for Jammu and Kashmir is a prerequisite for these elections. The people of J&K deserved better than a powerless, rubber stamp Chief Minister, who will have to beg the Lieutenant Governor to get his/her peon appointed,” Mr Abdullah had been quoted as saying by news agency ANI.

Despite stating that he wants good relations with the Centre ahead of his oath ceremony in October, there has been friction between the National Conference leader and Lieutenant Governor Manoj Sinha on several occasions. The transfer of some state administrative officers is the latest flashpoint between the two. 

“The friction between the Chief Minister-led administration and the office of Lieutenant Governor is quite evident. Often, important files are delayed and transfers are made without even informing the chief minister. The recent transfer of Jammu and Kashmir Administrative Service (JKAS) officers and extensions given to some others are now the latest point of difference between Mr Abdullah and Mr Sinha,” a source said. 

Some MLAs have also raised concerns with the Chief Minister that most basic public issues have remained unresolved and officers from the JKAS do not pay any heed to their requests.

“Due to business and conduct rules, we have another power centre (lieutenant governor) and this needs to change,” CPM MLA Mohamad Yousuf Tarigami told NDTV. He said this is why he had stated in the Assembly that, “This is a House where the House also does not know what it can or cannot legislate.”

A senior bureaucrat, however, said no one has the right to complain about the TBR unless amendments are made. 

“The Lieutenant Governor was given powers to take decisions as per law and he is doing so,” the bureaucrat said. 

Amendments Soon?

Sources said a draft of an amended TBR, giving more clarity on the distribution of powers, has already been submitted to the Ministry of Home Affairs. 

“Once cleared, the business rules will help streamline the governance process in J&K, ensuring greater efficiency and accountability in the administration. The rules will also play a key role in providing a clear legal and operational structure to the governance model, which is expected to be in line with the constitutional changes made in 2019,” the source said, referring to the scrapping of Article 370, which gave special status to Jammu and Kashmir. 

The power tussle between the Chief Minister and Lieutenant Governor has given more ammunition to the National Conference, Congress, PDP and other parties, which have been pushing for the restoration of statehood for J&K. Wednesday’s meeting will be the second  between Mr Abdullah and Amit Shah since the National Conference leader took oath as Chief Minister. 

Five BJP members will be nominated as MLAs by Jammu and Kashmir Lieutenant Governor Manoj Sinha, the party’s J&K unit vice president has said, underscoring, “It is our government at the Centre, so our names will go”. In an interview with Greater Kashmir, Sofi Yousuf has also named the members, claiming that they are the ones who would be nominated. Asked whether it is official, he said, “thappa lag giya (it has been sealed)”.

The candidates, he claimed, were BJP state secretary Ashok Koul, former BJP women’s wing state president Rajni Sethi, state secretary Dr Fareeda Khan and party spokesperson Sunil Sethi. “The fifth one is a refugee, the president of our Mahila Morcha. All of them are ours,” Sofi Yusuf told Greater Kashmir in a video interview.

The BJP, he added, will form government on its own. “We don’t need the National Conference, PDP (Mehbooba Mufti’s Peoples Democratic Party) or the Congress. The BJP will form government on its own steam,” he added.

As for numbers, he said most of the Independent candidates as well as the smaller parties in the contest are with the BJP. 

The possibility of nomination of five members by the Lieutenant Governor after the election results are declared has sparked massive controversy in Jammu and Kashmir ahead of tomorrow’s counting of votes. 

The Congress, its ally National Conference and PDP have contended that providing such powers to the Lieutenant Governor is a subversion of the people’s mandate, since it will be used to benefit the BJP. Their voice has been strengthened by the exit polls, which while predicting a fractured mandate, has maintained that the Congress-National Conference alliance is ahead in the race.

In 2022, after the Delimitation Commission increased the number of seats in the Union Territory, a fresh rule had granted the LG powers to nominate five members – two women, two Kashmiri Pandits and a displaced person from the Pakistan Occupied Kashmir (POK) – to the assembly, thus increasing the total number of seats to 95 and the majority mark to 48, up from 46.  

Reports said the Lieutenant Governor would act on recommendations from the Union Home Ministry. There is a buzz that earlier today, a meeting was held by representatives of the BJP and is ideological mentor Rashtriya Swayamsevak Sangh to finalise the names. 

The three main-non-BJP parties have said if the nomination happens, they would challenge it in the Supreme Court.

Srinagar:

Manoj Sinha, the Lieutenant Governor of Jammu and Kashmir, has questioned the controversy over the alleged increase in the powers of Lieutenant Governor of the union Territory, asking if such a bill has been presented in parliament. Speaking about the Opposition comments on the issue, he told NDTV in an exclusive interview: “Some things are done to create controversies. if the powers of a Governor or Lieutenant Governor has to be increased, it has to be approved by parliament. Did such a bill ever come in parliament?”

Pointing out that the State Reorganisation Act was challenged in the Supreme Court along with the scrapping of the Article 370, he said it now has the approval of the court.

In July, the Union home ministry had amended the transaction rules in the J&K Reorganisation Act, 2019. The law was originally passed as the Article 370 granting J&K special powers was scrapped and the state was bifurcated into two Union Territories.

Under the new law, the Lieutenant Governor was granted powers on key administrative and legal matters, from police and public order to postings and prosecution sanction. This drew a sharp reaction from the Opposition, which said the step will render the Chief Minister “powerless” and “disempower” the region’s people.

“No one has to get involved in the question of rights,” Mr Sinha told NDTV. “The assembly elections will be held soon. What will be the goals of the new government, whichever party is it? If it is peace, prosperity, development transparency, employment generation, I want to assure political parties through your channel — if these are the goals, they will have the full support of the Lieutenant Governor and his office. Where is the question of clash then?”

Asked if the coming election will be the stepping stone for the return of statehood for Jammu and Kashmir, Mr Sinha said things are “working according to the blueprint given by Union home Minister Amit Shah”.

Mr Shah, he recalled, had said, “delimitation first, assembly election second and statehood at an appropriate time, third”.

The Lieutenant Governor also said he was hopeful that the voting percentage in the assembly election will be more than Jammu and Kashmir witnessed during the parliamentary election. Back then, the Jammu region had seen an average of 58.4 per cent turnout, the Kashmir Valley — 50.6 per cent, more than it had seen in more than the last three decades.

This, he said, only proves that the roots of democracy is “very strong” in Jammu and Kashmir. “People trust democracy and democratic values. It is natural in view of the peace and prosperity of the last five years,” he added.

Asked about the participation of Jamaat-e-Islami – the Islamic outfit which, along with Hurriyat, gave the election boycott calls in the Valley — in this election, Mr Sinha said he was not sure if anyone can be stopped from contesting elections in this country. “We need to understand that the country runs with the help of laws and constitution,” he said.

“If we want to stop elements like this, we should debate the matter in parliament, take various opinions and the Election Commission can make a rule,” he added.

Srinagar:

A gangster was gunned down and a police officer died of injuries in a shootout at Government Medical College in Jammu and Kashmir’s Kathua, police said. Sub-Inspector Deepak Sharma was critically injured last evening after an encounter with gangsters on the medical college premises. A special police officer was also injured in the encounter.

According to reports, members of a gang known as Shunoo Group, reportedly led by one Vasudev, were chased by a police team. The gangsters drove their car into the medical college campus, where police cornered them.

In the encounter that followed, a gangster was gunned down. Sub-inspector Sharma was critically injured after a bullet injury on this head. After preliminary care at Kathua, the injured officer was shifted to Pathankot in Punjab. He died this morning, officials said.

Lieutenant Governor Manoj Sinha has paid tribute to the officer. “I salute the valour and indomitable courage of PSI Deepak Sharma, who made supreme sacrifice while valiantly fighting and neutralising a most-wanted gangster in Kathua. His supreme sacrifice will remain etched in our hearts. Deepest condolences to the family of martyr Deepak Sharma,” he said.

Mr Sinha said every drop of blood of the fallen officer will be avenged. “The nation stands in solidarity with (the) martyr’s family and @JmuKmrPolice, whose dedication, resilience & courage in battling variety of challenges and adversaries continue to inspire us. Every drop of blood of our martyr will be avenged and we are committed to create a fear-free J&K,” he said.

“The Jammu and Kashmir administration has approved 10% reservation in favour of four newly added tribes, taking the overall reservation for the Scheduled Tribes (STs) in the Union Territory to 20%,” an official spokesman said.

“The administration has also approved the addition of 15 new castes in the Other Backward Classes (OBCs) and enhancement of reservation in favour of the OBCs to 8%,” the spokesman said on March 15.

In February, the Parliament passed two Bills providing reservation to the OBCs in local bodies and addition of four more communities — Gadda Brahmin, Koli, Paddari Tribe and Pahari Ethnic group — to the list of the STs in Jammu and Kashmir.

The spokesman said the administrative council which met, in Jammu, under Lieutenant Governor Manoj Sinha approved the proposal of Social Welfare Department to amend the Jammu and Kashmir Reservation Rules, 2005, in light of Jammu and Kashmir Reservation (Amendment) Act, 2023, Constitution (Jammu & Kashmir) Scheduled Castes Order (Amendment) Act, 2024, Constitution (Jammu & Kashmir) Scheduled Tribes Order (Amendment) Act, 2024 and recommendations of Jammu and Kashmir Socially and Educationally Backward Classes (SEBC) Commission, 2020.

“In light of addition of four new tribes i.e. Pahari Ethnic Group, Paddari Tribe, Kolis and Gadda Brahmins, to the Scheduled Tribes Order as applicable to the J&K by the Parliament, the administrative council approved 10% reservation in favour of the newly added tribes taking the overall reservation for STs to 20%,” the spokesman said.

In order to ensure that both already notified and now newly added tribes get benefits of reservation equally and separately, the administrative council approved an equal and separate percentage of reservation for them — 10% each.

“The administrative council also approved the addition of 15 new castes in the OBCs and enhancement of reservation in favour of the OBCs to 8%, which will meet the long-pending demand of the OBC category in the Union Territory,” the spokesman said.

He said the administrative council also approved change in nomenclature and synonymy of some castes as recommended by the Socially and Educationally Backward Classes Commission (SEBC) Commission.

“Approval was also accorded to replace the term physically-challenged persons or handicapped wherever appearing in the rules with the term Persons with Disabilities in conformity with the provisions of Rights of Persons with Disabilities Act, 2016,” the spokesman said.

He said the amendments shall fulfill the long-pending demands of these communities regarding their right to adequate representation in government jobs and professional courses, which they stood hitherto deprived of due to their social, educational and economic backwardness.

Jammu and Kashmir:

Jammu and Kashmir LG Manoj Sinha on Saturday said that there has been a “change in people’s thinking” in the Union Territory and people “want peace and tranquillity”.

He also said that “development can happen when there is peace in a region”.

Speaking at an event, he said, “The situation here has changed a lot due to the cooperation of people. There is a change in people’s thinking as well and they want there should be peace and tranquility…Development can happen when there is peace in a region…”

Earlier this month, Union Home Minister Amit Shah said the erstwhile state has attained new heights in development and growth after the abrogation of Article 370 under the leadership of Prime Minister Narendra Modi.

The Central government has defended its decision to abrogate Article 370 from Jammu and Kashmir saying post the changes, street violence, which was engineered and orchestrated by terrorists and secessionist networks has now become a thing of the past.

Since 2019, when Article 370 was abrogated, the entire region has witnessed an “unprecedented era of peace, progress and prosperity”, Centre said during a hearing in the Supreme Court earlier this year.

After the abrogation of Article 370 from Jammu and Kashmir life has returned to normalcy there after three decades of turmoil, the Centre in its affidavit told the Supreme Court.

A number of petitions were filed in the top court including those of private individuals, lawyers, activists politicians and political parties challenging the Jammu and Kashmir Reorganisation Act, 2019, which splits Jammu and Kashmir into two Union Territories — Jammu and Kashmir, and Ladakh.

It has been said that schools, colleges and universities have been functioning without any strikes during the last three years.

On August 5, 2019, the Central government announced the revocation of the special status of Jammu and Kashmir granted under Article 370 and split the region into two Union territories.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)