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The Jammu and Kashmir administration has passed an order giving it the power to terminate an employee without any inquiry, on grounds of ‘security of the state’. The order sets up a special task force which will initiate action against government employees suspected of such activities that are believed to be against “security of the State”.

The task force will be headed by the J&K Additional Director General of Police, CID, and include Inspectors General of Police, Kashmir and Jammu, a representative of Law, Justice and Parliamentary Affairs, and a representative of the department the employee belongs to.

The order has been passed under the provisions of Article 311(2) (c) of the Constitution. The Article states as follows:

(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges… Provided further that this clause shall not apply…

(c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry

Basically, the Constitution obligates that no government employee can be dismissed until an inquiry is instituted against him but this clause can be waived off if “the President or the Governor” is satisfied that such inquiry is not expedient in the “interest of the security of the state”.

“Sanction is hereby accorded to the constitution of a Special task Force… for identifying and scrutinizing cases of government employees, to initiate the process under Government Order No. 738-JK(GAD) of 2020 for action in terms of provisions of Article 311(2) (C) of the Constitution of India,” reads the order issued by the General Administration Department, reported Indian Express.

The order states that the task force will compile records of “employees suspected of activities requiring action under Article 311(2) (C)” to refer them to a committee constituted by the government, “to engage with other members of the Terror Monitoring Group for identifying such other employees”, and “to take assistance of other agencies and departments in this regard” as needed, reports IE.

The order does go as far as to define what acts against the security of the state comprise and the Constitution is also silent on that point. Thus, making this task force a tool for misusing a clause of the Constitution meant to be used in exceptional circumstances when there is real threat to the country’s security.

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