Continuing dual control over the administration in the Union Territory of Jammu and Kashmir has apparently become a matter of confusion over the powers and functions of the new council of ministers.
Similar is the position in the UT of Ladakh where the tribal people are struggling for the Sixth Schedule, protecting the land, jobs and their unique culture.
Both UTs were carved out on 5 August 2019 by splitting the historical state of Jammu and Kashmir that stretched from the plains bordering Pakistan to the cold desert region of Ladakh touching the borders of China. This exercise was done simultaneously with abrogation of Article 370 under which J&K enjoyed a special status.
Being the first elected government after J&K became a UT five years ago, the ‘business rules’ defining the functions and powers of the chief minister and his ministerial colleagues are yet to be drafted. However, the powers of the Lieutenant Governor have already been defined.
The vital Home department, prisons and All India Service officers function under the control of the LG and as such the chief minister is not empowered to issue transfer orders of IAS, IPS and other top bureaucrats.
The Union Home Ministry is empowered to define powers of the CM, ministers and top bureaucrats of the UT.
Earlier, the chief minister of J&K exercised more powers than any other state CM of the country, but now it is more than a month since Omar Abdullah became the CM, and he still is waiting for his powers and functions to be defined. He was not in a position to implement some of the major poll promises of the ruling National Conference, including release of political prisoners, as the powers are vested with the LG.
The CM of J&K earlier headed the Unified Command of the Army and security forces to tackle terrorism, but now he is not even invited to such meetings as the LG chairs the deliberations.
Restoration of statehood to J&K by the Centre is not yet in sight although the Assembly has passed a resolution for this purpose. On the other hand, people in Ladakh were struggling for acceptance of their 4-point demand charter by the Centre. After a prolonged fast in New Delhi, the Centre has invited the Ladakhi leaders for talks on 3 December.
Their main demands are Sixth Schedule, separate Assembly, public service commission and additional seats in Lok Sabha.
Before the disintegration from J&K, Ladakh had four seats in the Assembly that the region has now lost. The region had members also in the Legislative Council that has now been wound up.