India Enacts New Amendments Tightening Control Over IIOJK Amid Controversy
These amendments underscore a significant shift towards increased central oversight, diminishing the autonomy previously granted to IIOJK.
Muzaffarabad: The Indian government has intensified its contentious stance on the special status of Indian Illegally Occupied Jammu and Kashmir (IIOJK) by endorsing a new notification that further consolidates central control over the region. This move comes following the revocation of IIOJK’s special status in 2019.
The latest amendments, sanctioned by Indian President Droupadi Murmu under section 55 of the Jammu and Kashmir Reorganization Act, 2019, significantly expand the powers of the lieutenant governor of IIOJK. The changes were published as the Transaction of Business of the UT of IIOJK’s Government (Second Amendment) Rules, 2024, in the Indian Official Gazette. These modifications arrive at a critical juncture with the anticipated assembly elections in IIOJK, potentially altering the administrative and political landscape of the region.
Among the notable amendments is the introduction of sub-rule 2A, which mandates that proposals concerning the Finance Department’s concurrence on issues related to ‘Police,’ ‘Public Order,’ ‘All India Service,’ and ‘Anti-Corruption Bureau’ must be routed to the lieutenant governor through the chief secretary. Rule 42A requires that the Department of Law, Justice, and Parliamentary Affairs present proposals for appointing the Advocate-General and other law officers to the lieutenant governor via the chief secretary and the chief minister. Rule 42B stipulates that proposals regarding prosecution sanctions or appeals be submitted to the lieutenant governor through the chief secretary.
Further amendments to rule 43 introduce new provisos related to Prisons, the Directorate of Prosecution, and the Forensic Science Laboratory, directing these matters to the lieutenant governor by the Administrative Secretary, Home Department, through the chief secretary. Additionally, proposals about the posting and transfer of Administrative Secretaries and All India Services officers must be routed to the lieutenant governor by the Administrative Secretary, General Administration Department, through the chief secretary.
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These amendments underscore a significant shift towards increased central oversight, diminishing the autonomy previously granted to IIOJK. Critics argue that this move bypasses UN resolutions concerning Kashmir and solidifies the annulment of IIOJK’s special status. The detailed notification from the Indian Ministry of Home Affairs ensures that all proposals in specified domains adhere to the new procedural requirements before reaching the lieutenant governor’s office.
The response from the region has been one of strong condemnation, with Kashmiris on both sides of the Line of Control (LOC) denouncing the amendments. Human rights activists warn that these changes may lead to increased violations and further unrest.
International observers and the United Nations are being urged to intervene and advocate for the rights of the people of IIOJK, emphasizing the need for self-determination and adherence to international resolutions.
As the situation develops, the implications of these amendments on the governance and administrative dynamics of IIOJK will become clearer, potentially setting the stage for significant political and social shifts in the region.
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