New law tightens Delhi’s grip on occupied Jammu and Kashmir

NEW DELHI: Six years after abrogating Article 370 — the constitutional provision that granted the region of Jammu and Kashmir a special status within the Indian Union — the Modi-led Indian government has introduced a new law granting sweeping powers to the lieutenant governor to dismiss or reinstate the region’s chief minister and ministers.

The bill, introduced in Lok Sabha by Home Minister Amit Shah, amends Section 54 of the Jammu and Kashmir Reorganisation Act, 2019.

It seeks to provide a legal mechanism for the removal of the chief minister or any minister of the Union Territory (IIOJ&K) if they are arrested and detained for 30 consecutive days on serious criminal charges.

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Under the proposed amendment, if the chief minister or any minister is arrested on charges carrying a sentence of five years or more and remains in custody for 30 consecutive days, they will automatically be removed from office on the 31st day.

In the case of the chief minister, failure to resign after 30 days of detention will also lead to automatic dismissal.

The law further states that dismissed ministers or the chief minister may be reappointed, but only with the approval of the lieutenant governor.

Analysts and political observers say the move effectively hands full control of Jammu and Kashmir’s political leadership to the lieutenant governor, leaving little room for democratic autonomy.

In the statement of objects and reasons, the government said that elected representatives carry the trust and aspirations of the people, and their conduct should remain beyond suspicion.

“A minister facing allegations of serious criminal offences may hinder constitutional morality, good governance, and the trust reposed in him by the people,” it noted.

Currently, no provision exists under the Jammu and Kashmir Reorganisation Act, 2019 for removing the chief minister or ministers in such situations.

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The amendment, the government said, is aimed at safeguarding constitutional principles and ensuring accountability in governance.