JAMMU: Senior National Conference (NC) leader and former minister Ajay Kumar Sadhotra has accused the Bharatiya Janata Party (BJP) of deliberately obstructing democratic functioning in Jammu and Kashmir by refusing to respect the 2024 electoral mandate that brought the NC to power. He termed the ongoing dual governance in the Union Territory as unconstitutional and a threat to representative government.
Addressing a public meeting in Udheywala, Sadhotra said the BJP was unwilling to accept its defeat in last year’s Assembly polls and was resorting to “backdoor interference” to impede the Omar Abdullah-led administration.
“The will of the people must be honoured. The mandate given in 2024 cannot be subverted through unconstitutional manoeuvres,” he said. “The BJP’s failure to reconcile with the verdict has resulted in roadblocks that are disruptive to smooth governance and democratic functioning.”
Sadhotra took strong exception to what he described as the misuse of Section 53 of the Jammu and Kashmir Reorganisation Act, 2019, which he said was being used as a “blanket excuse” to bypass the authority of the elected government. He emphasised that democratic systems in India are bound by the rule of law, and any deviation from constitutional provisions risks setting a dangerous precedent.
Citing Section 32 of the same Act, Sadhotra underlined that the Jammu and Kashmir Legislative Assembly is empowered to make laws on all subjects in the State List, barring “Public Order” and “Police”, which are excluded. He said that Entry 41 of the State List — about State Public Services — falls under the jurisdiction of the elected government and cannot be usurped.
“The executive powers concerning State Public Services lie squarely with the Union Territory Government, and decisions such as postings and transfers of officers fall within the authority of the elected administration,” he said.
Referring again to Section 53, Sadhotra said the Lieutenant Governor is constitutionally bound to act on the advice of the elected Council of Ministers in all areas that fall within the legislative domain of the Union Territory, except in matters where discretion is explicitly granted — such as the Anti-Corruption Bureau, All India Services, and certain Home Department matters.
“The BJP’s attempts to override the elected Council of Ministers amount to a betrayal of the people’s mandate,” he said, urging the Centre and the BJP leadership to “end this constitutional overreach.”
Calling for stability and good governance, Sadhotra said the BJP should step back and allow the Omar Abdullah-led government to function without interference, “in the interest of public welfare and the democratic ethos of Jammu and Kashmir.”
