No Fixed Term for LGs: Manoj Sinha’s Tenure Constitutionally Open-Ended, Says Report

No Fixed Term for LGs: Manoj Sinha’s Tenure Constitutionally Open-Ended, Says Report
Srinagar, Aug 6 Amid ongoing speculations about the tenure of Jammu and Kashmir Lieutenant Governor Manoj Sinha, it has been clarified that the Constitution of India does not prescribe any fixed term for Lieutenant Governors of Union Territories, including J&K.
According to a report published in Daily Excelsior, a Jammu-based newspaper, legal experts have stated that while Article 156 of the Constitution specifies a five-year term for Governors of states, it also mentions they hold office “during the pleasure of the President.” In contrast, Article 239, which governs Union Territories, is silent on the term of office for Lieutenant Governors, allowing them to continue in office at the discretion of the President without any specified time frame.
Sources further highlighted that the J&K Reorganisation Act, 2019, also does not fix any tenure for the Lieutenant Governor. It states that the Governor of the erstwhile state of J&K shall serve as the LG of both J&K and Ladakh “for such period as may be determined by the President.” The official communiqué announcing Manoj Sinha’s appointment on August 6, 2020, was also silent on his tenure.
Under Section 53 of the Reorganisation Act, the LG of J&K holds considerable authority, including independent action on matters beyond the legislative domain of the Assembly. These powers include oversight of All India Services and the Anti-Corruption Bureau, and many of the LG’s decisions are legally shielded from easy judicial review.
Manoj Sinha, who assumed office on August 7, 2020, is notably the first political appointee to the LG post in J&K. A three-time Member of Parliament, he previously served as Minister of State for Railways and later as MoS (Independent Charge) for Communications.