No Fixed Term for LGs, Manoj Sinha’s Tenure Open-Ended

SRINAGAR: Amid ongoing speculation about the tenure of Jammu and Kashmir Lieutenant Governor Manoj Sinha, it has been clarified that the Indian Constitution does not specify a fixed term for Lieutenant Governors of Union Territories, including Jammu and Kashmir.

As per Daily Excelsior report, legal experts have explained that while Article 156 of the Constitution provides for a five-year term for state Governors, it also states that they serve “at the pleasure of the President”. In contrast, Article 239, which deals with Union Territories, does not mention any term length for Lieutenant Governors. This means they serve at the President’s discretion, with no defined time limit.

Sources further noted that the Jammu and Kashmir Reorganisation Act, 2019, also does not prescribe a specific tenure for the Lieutenant Governor. It merely states that the former Governor of the erstwhile state of JK shall serve as the LG of JK and Ladakh “for such period as may be determined by the President.” The official announcement of Manoj Sinha’s appointment on August 6, 2020, also did not mention the duration of his term.

Under Section 53 of the Reorganisation Act, the Lieutenant Governor of JK holds significant authority, including the power to act independently on matters outside the legislative competence of the Assembly. These powers cover areas such as the All India Services and the Anti-Corruption Bureau, and many of the LG’s actions are legally protected from routine judicial scrutiny.

Sinha, who took office on August 7, 2020, is the first political appointee to serve as Lieutenant Governor of JK.