Centre Authorises J&K Lieutenant Governor to Exercise Emergency Telecom Powers

Key Points

The Central Government has authorised the Lieutenant Governor of Jammu and Kashmir to “exercise the powers and discharge the functions of the state government” under Section 20(2) of the Telecommunications Act, 2023.

Published by the Ministry of Home Affairs on 7 May 2026, the order allows the LG to intercept, decrypt, monitor, block and suspend telecom services in the Union Territory during public emergencies or in the interest of public safety. It also empowers authorities to impose restrictions on telecom services and networks in the interest of “sovereignty and integrity of India, defence and security of the State, friendly relations with foreign states, public order” and for preventing cognisable offences.

Section 20 of the Telecommunications Act deals with telecom services during situations involving public emergency, public safety and national security concerns. The powers, notified under Article 239(1) of the Constitution, would be exercised “subject to the control of the President and until further orders”.

The Act makes it mandatory for telecom operators to disclose the contents of messages “in intelligible format”, while reasons for exercising such powers must be recorded in writing. Earlier, when J&K functioned as a state, such powers rested with the elected state government.

Officials said the latest move was taken keeping in view the security sensitivity of J&K and was in line with the constitutional status of the UT, where several administrative powers remain under the supervision of the Centre.

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The development has also triggered political criticism and concerns over the powers of the elected government led by Chief Minister Omar Abdullah.

On the same day the notification was issued, Abdullah said that keeping elected representatives out of the “security loop” could hamper the flow of information on terrorism-related activities in the UT. Referring to a recent incident, Abdullah said the elected government was “totally disconnected” from the law and order and security apparatus.

Geeta Seshu of the Free Speech Collective said the notification showed “complete disregard” for the elected government and was likely to make the LG “more powerful”.

The ruling National Conference has earlier criticised several decisions taken after the Jammu and Kashmir Reorganisation Act, 2019, arguing that they undermine the authority of the elected government. Since the act came into effect, law and order, police and national security matters have remained outside the jurisdiction of the elected government.

Ahead of the 2024 Assembly elections, the Home Ministry had further amended rules under the Reorganisation Act to expand the LG’s powers over police, public order and civil services. Officials said the new telecom-related powers would remain in force until further orders from the President.

[DS]

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