The recent friction between the Lieutenant Governor (L-G), Chief Minister, and the Council of Ministers in Jammu and Kashmir has highlighted a fundamental governance challenge in the newly-formed Union Territory (UT). At the heart of this discord lies the absence of clearly defined business rules, which delineate the respective roles, powers, and responsibilities of the key stakeholders in the administrative hierarchy.
Elections were conducted in Jammu and Kashmir earlier this year after a decade-long hiatus, kindling hopes of restoring democratic governance in the region. However, the lack of clarity regarding the mandate of the L-G, Chief Minister, and Council of Ministers has cast a shadow over the smooth functioning of the UT’s administration. This ambiguity not only creates friction but also undermines the foundational principle of cooperative governance essential for a politically sensitive region like Jammu and Kashmir.
The Jammu and Kashmir Reorganisation Act mandates that the Council of Ministers advise the L-G on key matters, including the allocation of business to ministers and the transaction of business between them. Yet, it leaves critical questions unanswered, particularly about resolving conflicts of opinion between the L-G and the elected representatives. The absence of precise rules risks tilting the balance of power disproportionately, potentially diminishing the authority of the elected government and impeding its ability to deliver on promises made to the electorate.
It is encouraging that the government has initiated the process of drafting business rules and sought the expertise of constitutional experts. However, this exercise must not become a mere bureaucratic formality. The new rules must ensure a fair distribution of powers and responsibilities, fostering collaboration rather than conflict. These rules should be comprehensive, leaving no room for subjective interpretations or political maneuvering, while respecting the essence of democratic governance.
Jammu and Kashmir’s unique political and socio-economic landscape demands a governance model that prioritizes stability, inclusivity, and accountability. A clear framework defining the interplay between the L-G, Chief Minister, and the Council of Ministers is indispensable to achieving this goal. The Union government must ensure that the new business rules strike a fine balance between the authority of the L-G as the Centre’s representative and the autonomy of the elected government.
As Jammu and Kashmir enters this critical phase of political transition, a robust and harmonious governance structure is non-negotiable. The need of the hour is to strengthen the democratic process, restore public confidence, and lay the foundation for lasting peace and development in the region. The resolution of this governance gap will not only empower the elected government but also reaffirm the Centre’s commitment to the democratic aspirations of the people of Jammu and Kashmir.
