J&K’s Omar Abdullah finds his hands are tied

Omar Abdullah is facing mounting pressure, with people urging him to deliver on the promises made in his election manifesto. (Source: PTI/File)

In October last year, for the first time in Jammu and Kashmir's history, the elected Chief Minister found himself overshadowed- the Lieutenant Governor assumed control of all major decisions.

Since J&K’s transition from a state to a Union Territory in August 2019, following the revocation of Article 370, Himalayan region’s special status, the LG has assumed control over key administrative and policy decisions, leaving the CM with limited authority.

It’s created a stark imbalance of power between the LG and an elected government, formed with the National Conference-Congress coalition coming to power and Omar Abdullah becoming CM in the autumn of 2024.

It has been three months since 54-year-old Abdullah who is also the NC Vice President became CM of J&K UT and so far the changing power dynamics has significantly affected his governance and public affairs in the region.

A clash that exposed the elected government’s limitations

One of the major clashes of authority occurred last month over the appointment of the Advocate General, D.C. Raina. Following the formation of the new government, Raina stepped down as Advocate General of J&K. However, CM Abdullah refused to accept his resignation and instructed him to remain in the position.

Despite the CM’s directive, Raina who had served as the J&K Advocate-General in 2008, 2016 and 2018 was unable to resume his duties as Advocate General, as the necessary approval from the Raj Bhavan to confirm the CM’s decision did not materialise.

Another point of controversy emerged in November last year when the Raj Bhavan transferred three IAS officers and one JKAS officer while the CM was in Saudi Arabia for the Umrah pilgrimage. Given that the LG is empowered to transfer only IAS officers, Abdullah, upon his return, convened a meeting of the General Administration Department (GAD) and, according to media reports, issued instructions to attach the JKAS officer to the GAD.

In November last year, Abdullah faced criticism from regional opposition leaders for remaining silent over the dismissal of two government employees, including a teacher and a pharmacist, under Article 311, which allows terminations without a formal inquiry. The leaders questioned how Abdullah, as head of the GAD, could justify his inaction, especially since the NC founded by Sheikh Mohammad Abdullah had promised in its manifesto to review such cases.

Similarly, in December, J&K LG overruled CM by extending the services of two vice chancellors—professor Nazir Ahmad Ganai of Sher-i-Kashmir University of Agricultural Sciences and Technology (SKUAST) and Professor Umesh Rai of the Jammu University, each for three years. The decision came despite the CM’s directive to the GAD imposing a ban on re-employment and extensions.

J&K Reorganisation Act changes balance of power

Under the Reorganisation Act 2019, J&K features a political framework where, despite the election of a Council of Ministers and Legislative Assembly, the LG, appointed by the President of India, holds predominant authority in most aspects of governance.

The Act grants the LG final authority on matters requiring discretion, with decisions not subject to challenge. For example, the Centre had already revised the “Transaction of Business Rules” for the J&K, further expanding the administrative and legal authority of LG Sinha.

These amendments grant the LG greater control, including the power to transfer IAS and IPS officers, oversee the J&K Police and law enforcement, and influence the appointment of judicial officers, such as the advocate general. The matters related to the Anti-Corruption Bureau, prosecution, and prisons are also within LG’s jurisdiction.

Given that J&K is a militancy-affected region, the Unified Command, once led by the CM, is now under the LG, effectively leaving the CM without control over law and order in a region known for its high security challenges. Even former Union Home Minister P. Chidambaram also expressed concern over the absence of the elected CM in a law and order review meeting chaired by the LG.

LG also holds final authority over budgetary allocations and expenditures, as well as the composition of the elected government.

Omar Abdullah’s dilemma

Abdullah, who had initially decided not to contest the elections until J&K is a UT, eventually reversed his decision. Now, he is also facing mounting pressure, with people urging him to deliver on the promises made in his election manifesto.

Beyond the issues of Article 370 and statehood restoration, the NC-led government under Omar Abdullah has failed to even provide 200 units of free electricity to the people.

Days after assuming office, CM Abdullah quickly met with Prime Minister Narendra Modi, Home Minister Amit Shah, and even presented Union Minister Nitin Gadkari with a traditional Kashmiri shawl. However, despite these gestures, there has been no breakthrough in the efforts to restore statehood to J&K.

While some still hope the promises will be fulfilled and the situation will improve, many have expressed frustration on social media, questioning why they voted for the Abdullah-led NC.

Even CM Abdullah’s senior colleague and party leader, Aga Syed Ruhullah Mehdi, who has been outspoken on the Article 370 issue, warned in a recent interview that if the current CM fails to meet the aspirations of the people of J&K, public trust could diminish.

The governance structure in J&K closely resembles that of New Delhi, where legislative powers are limited. However, given J&K’s distinct geographical, political, and administrative challenges, it cannot be compared to other Union Territories.

Mehdi, who has been the face behind NC’s remarkable success in assembly elections, pointed out that despite the elected government being in power for three months, there is still no clarity on the business rules, and the CM appears weak in terms of authority and decision-making.