by Harish Gupta, National Editor, Lokmat Group
Exclusive story
Satya Pal Malik May continue as LG in J&K ?
Home Ministry in a Fix
Harish Gupta
New Delhi, Aug 7
With the President signing the bill bifurcating the State of Jammu & Kashmir and converting it into a Union Territory, the position of Governor Satya Pal Malik has become somewhat owkward. Under the new dispensation, the post of the Governor has been down-graded to that of the Lieutenant Governor as J&K has become a Union Territory and Ladakh has been made a completely new UT. Now Satya Pal Malik was appointed as Governor of the joint state of J&K including Ladakh.
The question bothering the legal luminaries is; can a Governor be down-graded as LG without his express consent. The President, Ram Nath Kovind has already signed the proclamation after the Parliament's both houses passed four bills dealing with J&K. But a fresh notification appointing new Lieutenant Governors for the Uts of J&K and Ladakh are yet to be issued. These appointments have not been notified so far as the Union Home Minister Amit Shah is still awaiting Satya Pal Malik's consent to continue as LG instead of as Governor. Secondly, the government wants a separate LG for Ladakh region to give the feeling of the people of Ladakh that its a separate state now. It doesn't want to continue Satya Pal Malik as LG of both the states. While the present arrangement can continue for sometime but the government is keen to appoint two separate LG s.
Secondly, once the state of J&K converted into two UT s, rules of services and a lot of paper work need to be completed in accordance with law passed by Parliament. There are five Union Territories in the country as on date and with the creation of two more UT s, the number has shot up to seven. Now the state officers cadre of the J&K has to be merged with the UT cadre officers which is a cumbersome task. This is a unique situation where a full state has been bifurcated and converted into two Union Territories never witnessed in 70 years. Secondly, LG s have been promoted as Governors. But never a Governor will be demoted as LG. Therefore, it is yet to be seen whether Malik will agree to continue as LG. There is also a proposal that Malik may keep the designation of Governor “until further orders pending the framing of rules by the Union Home Ministry.”
But certainly the creation of two new Union Territories has created some serious administrative complications.
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