Lieutenant Governor is the Final Authority in J&K: Section 53 of Reorganisation Act Reinforces LG’s Powers

 

Srinagar, April 4 : The Jammu and Kashmir Reorganisation Act, 2019, Section 53 reaffirms the primacy of the Lieutenant Governor (LG) in the Union Territory’s administrative framework. The section clearly states that while a Council of Ministers, headed by the Chief Minister, may exist to aid and advise the LG, his discretion in key matters remains unquestionable and final.

The Act stipulates that the LG shall act based on the advice of the Council of Ministers in matters where the Legislative Assembly has law-making powers. However, crucial exceptions grant the LG absolute discretion in specific areas. These include:

 

Matters beyond the Legislative Assembly’s jurisdiction.

 

Instances where laws mandate the LG to act in his discretion or to perform judicial/quasi-judicial functions.

 

Issues concerning the All India Services and the Anti-Corruption Bureau.

 

Notably, the law provides that the LG’s decision in discretionary matters is final and cannot be challenged, effectively making the LG the executive authority in such cases. Furthermore, the validity of his actions cannot be questioned in any forum on the grounds that he should or should not have exercised discretion.

 

Also, under sub-section (3), courts are barred from inquiring into any advice rendered by ministers to the LG, reinforcing the confidentiality and autonomy of the LG’s office.

 

The provision positions the LG as the central figure in J&K’s governance architecture, especially in sensitive or centrally-administered areas, and reflects the unique status of the Union Territory under the reorganisation framework.

 

This legal clarity comes amid ongoing debates over the extent of democratic representation and administrative autonomy in Jammu and Kashmir post the abrogation of Article 370.