Jammu April 07 (KNS): National Conference Additional General Secretary and former Minister Ajay Kumar Sadhotra today came down heavily on the Bharatiya Janata Party (BJP) for what he termed as deliberate attempts to obstruct the seamless and smooth.
Addressing a public meeting at Udheywala which was organized by Tilak Raj Bhagat District Secretary and Raghubir Singh Manhas District President, Sadhotra asserted that the BJP, unable to come to terms with the 2024 electoral verdict, is creating roadblocks that hinder effective governance and violate democratic norms.
Sadhotra said the will of the people of Jammu and Kashmir must be respected, and the mandate given in 2024 cannot be subverted through backdoor mechanisms or unconstitutional interference. “The BJP has failed to digest the popular mandate and is resorting to dual governance in this sensitive region, which clearly shows its unwillingness to reconcile with the ground realities,” he said.
Sadhotra strongly criticized the misuse of Section 53 of the Jammu & Kashmir Reorganization Act, 2019, saying it cannot be invoked as a blanket excuse to bypass the jurisdiction of a duly elected government. He emphasized that India, as a democratic republic, functions under the rule of law and constitutional governance, and any deviation from this framework sets a dangerous precedent.
He said that under the constitutional scheme of India, executive powers of the Union are limited to subjects on which the Parliament is empowered to legislate, while the executive powers of the States and Union Territories especially those with legislatures like J&K
extend to subjects within the State List, barring specific exceptions.
Referring to Section 32 of the J&K Reorganization Act, he pointed out that the J&K Legislative Assembly is empowered to legislate on all subjects in the State List except “Public Order” and “Police”, which are excluded. This, he said, clearly vests the Union Territory Government with executive authority over all remaining State List matters.Click Here To Follow Our WhatsApp Channel
“Entry 41 of the State List, which pertains to ‘State Public Services’, squarely falls within the jurisdiction of the J&K UT Government. Therefore, the legislative and consequently the executive powers in respect of this matter lie with the elected government,” the NC Addl General Secretary noted Mr Sadhotra cited Section 53 of the Reorganization Act, which provides for a Council of Ministers, headed by the Chief Minister to aid and advise the Lieutenant Governor in matters falling within the legislative domain of the UT. Except in areas where the LG is specifically required to act in his discretion such as matters concerning All India Services, the Anti-Corruption Bureau, and certain Home Department affairs the LG is constitutionally bound to act on the aid and advice of the elected Council of Ministers, he observed.
Sadhotra made it unambiguously clear that all executive powers related to State Public Services lie with the elected government and that the transfers and postings of officers belonging to these services fall exclusively within the jurisdiction of the UT administration. Any attempt to bypass this arrangement is not only unconstitutional but
also a betrayal of the people’s mandate, he cautioned.
Calling for an end to this constitutional overreach, Mr Sadhotra advised the BJP to respect the democratic framework and allow the Jenab Omar Abdullah-led government to function without interference, in the interest of stability, governance, and public welfare in Jammu and Kashmir, he added.
Others who spoke in the public meeting are Ghar Singh Ex-Corporator Joint Secretary Jammu Province, Baru Ram Bhagat Vice President Jammu District Rural, Gurnam Singh Block President, Gourav Singh Jamwal YNC Block President, Pritam Singh Block President, Raj Roop Singh Chib Ex-Sarpanch, S Inderpal Singh Ex-Sarpanch Joint Secretary, Capt Tarsem Singh Manhas, JS Raju Vice President Block Marh, Lamberdar Ajit Singh Manhas, Lamberdar Rahul, Ch Subash, Master Charan Dass, S Gurdev Singh. (KNS)